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Code Enforcement-Meeting Minutes- December 3, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, December 3, 2015

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 3, 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, Patrick Huber, Robert Smith, Rod Buenconsejo, Barry Perl, Chairman Robert Vickers.

 

Absent: Barry K. Asmus

 

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

 

Note: No one present for first hearing.

 

Summary Adjudication for 1st Hearings: Case(s): 10-15-14567; 10-15-14573; 10-15-14632; 10-15-14660; 10-15-14693; 10-15-14694; 10-15-14695; 6-15-14248; 8-15-14436; 8-15-14451; 9-15-14532.

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 Barry Perl, seconded by Manny Quiroga

Motion: Passed Unanimously

 

PENALTY HEARING

 

 

Note: No one present for Penalty Hearing

 

 

Summary Adjudication for Penalty Hearings: Case #’s: 10-15-14566; 10-15-14568; 10-15-14574; 10-15-14577; 6-15-14132; 6-15-14133; 6-15-14134; 6-15-14135; 6-15-14136.

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 Bob Smith

Vote: Passed Unanimously

 

 

REQUEST FOR RELIEF

 

Case(s): 3-09-5494; 12-11-9332; 12-11-9333; 8-14-12994; 8-14-12995

Owner: Carlos A. Lopez

Address: 10520 NE 6 Avenue

 

Mr. Carlos A. Lopez was present and testified. Mr. Lopez testified that he was here to represent the owner who is in Mexico. The Board asked questions. Mr. Lopez testified that the property is for sale pending the resolution of these liens. Mr. Sarafan asked questions. Mr. Lopez testified that the property is owned by his client but that the owners have not been around for about three years. The Board asked questions. Jorge Velazquez is the realtor for the property sale. Mr. Lopez amended his offer to $3,000.00 within 30 days.

 

Failed for lack of Motion

 

Case(s): 7-10-7502

Owner: Jesus R. Jimenez

Address: 41 NW 106 Street

 

Jesus R. Jimenez was present and wished to testify. He testified that he wanted to make some improvements to his property. The Board asked questions. Mr. Jimenez said that he had refinanced the property with the same lender. Mr. Jimenez testified that he wants to resolve this lien because it is causing him stress due to other financial hardships. Offer amended to $6,000.00 within 30 days. The Board asked questions to Staff. Officer Flores explains that the house is in good condition. Mr. Sarafan points out the letter submitted with the package.

 

Motion: That upon receipt of $6,000.00 payable within 30 days that the lien be released.

Moved by Barry Perl, seconded by Manny Quiroga

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

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

No: Rod Buenconsejo

 

 

Case(s): 4-08-4116; 7-15-14310; 7-09-5339

Owner: Bank of New York Mellon

Address: 289 NW 92 Street

 

George Supina and Gabriel Rosende, Realtors were present and wished to testify. They work for Bayview loan Servicing. Mr. Supina testified that once the Bank found out about the violations they hired a contractor to take care of the violations. This contractor walked out with $10,000.00. Mr. Supina testified that finally the house is in compliance after putting impact windows. Offer amended to $7,000.00. The Board asked questions. The house is for sale and they are asking $152,000.00. The Board asked questions to Staff. Mr. Supina testified about the expired permits. There is a contract on the house. Offer amended to $10,000.00 payable within 30 days. The Board asked questions to Staff.

 

Motion: That upon receipt of $10,000.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Barry Perl

Passed Unanimously

 

 

Case(s): 12-11-9365; 6-09-5774

Owner: Jose Villoni C/O Aubrey Rudd Esq.

Address: 84 NW 104 Street

 

George Shapiro, Esquire from the law office of Aubrey Rudd was present to testify.   Mr. Shapiro testified that he has been representing Mr. Villoni for the last seven years in the foreclosure. Mr. Shapiro testified that Mr. Villoni had come into compliance in a reasonable amount of time but he never called it in to Code Compliance. Mr. Shapiro said that Mr. Villoni got to a point where he could not afford the house any longer. Mr. Shapiro said that they tried to help him through a modification process and they failed. Mr. Shapiro said that they are now in the process of a short sale with an offer on the house for $300,000.00. He testified that Mr. Villoni had a judgement against himself. Mr. Shapiro states that when they went to sell the property they saw that there is a lien on the property. Offer amended to $10,000.00 payable within 30 days. The Board asked questions to Staff. Mr. Sarafan asked questions. Mr. Sarafan suggests increasing the time to pay to 60 days instead. Motion amended to 60 days.

 

Motion: Move that upon payment $10,000.00 payable within 60 days

Moved by Manny Quiroga, Seconded by Barry Perl

Passed Unanimously

 

Board members discussion took place at this time. Mr. Sarafan explains the Sunshine Law to the Board members.

 

MINUTES

Minutes for November 5, 2015

Motion by Barry Perl, Seconded by Manny Quiroga

Passed Unanimously

 

NEXT MEETING

The next meeting will be on February 4, 2016

 

ADJOURNMENT

December 3, 2016 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor        Robert Vickers, Chairman