LimeBike Memorandum of Understanding

Code Enforcement - Meeting Minutes December 7, 2017

CODE ENFORCEMENT BOARD MEETINGMINUTES 

 

  Thursday, December 7, 2017 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 7, 2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Vice Chairman, Rod Buenconsejo. 

 

Roll Call 

 

Present: Robert Vickers, Patrick Huber, Ronnie Gillen, Kimberly Bruce, Gladys Coia, Rod Buenconsejo,

Absent: Chairman Robert Smith. 

 

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 

Richard Sarafan, Village Attorney

Lazaro Remond, Code Compliance Manager

Mike Orta, Code Compliance Officer

Mariana Gracia, Clerk 

 

FIRST HEARING

 Summary Adjudication for 1stHearings:Case(s):10-17-16954; 3-17-16292. 

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 Robert Vickers

Vote: Motion passed 6-0

 

 

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings:Case #’s: 10-17-16931; 10-17-16934; 7-17-16655; 8-17-16876; 9-16-15825.

 

The officer, Lazaro Remond, 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 Robert Vickers

 

Vote: Motion passed 6-0

 

 

REQUEST FOR RELIEF

 

 

Case(s): 3-12-9705; 7-15-14350; 4-11-8363; 4-11-8361; 7-15-14351; 7-15-14352

Owner: Cenlar FSB

Address: 243 NE 103rdStreet

 

Steve Charles, Attorney for Albertely Law Firm representing the Bank owned property. The attorney stated that the property was in compliance and that he would like to amend the offer to $30,000.00. The Board asked questions.

 

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

Moved by Patrick Huber, seconded by Kimberly Bruce

Vote: Motion carries 5-1

Yes: Patrick Huber, Kimberly Bruce, Ronnie Guillen, Gladys Coia, Rod Buenconsejo.

No: Robert Vickers

 

 

Case(s): 6-10-7237; 11-10-7936; 7-14-12905

Owner: Evelyn Petit

Address: 9425 NW 2ndPlace

 

Ms. Evelyn Petit was present to testify. Ms. Petit said that it has been hard for her to handle everything after the passing of her husband. The Board asked questions. She states that there is a contract on the property for $350,000.00. Ms. Petit has been a resident for 30 years. The reason for the grass violation was because her children’s constantly parked on the grass. She said that the closing date was supposed to be last week but it has been extended until the liens are resolved. Mr. Sarafan took the opportunity to explain to Ms. Petit the rule of the Board of voting only once at each meeting. He said that she will have only one chance to make an offer per Code Hearing.

 

Motion: That upon receipt of $10,000.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Motion Passed 6-0

Yes: Patrick Huber, Kimberly Bruce, Ronnie Guillen, Gladys Coia, Rod Buenconsejo, Robert Vickers.

 

 

Case(s): 11-10-7944

Owner:Bancroft Investments LLC

Address: 800 NE 91 Terrace

 

Edmund Phillips was present to testify. He brought along with him his family who sat in the audience.

Mr. Phillips gave a brief explanation of all the times he had been in front of the Board. He said that the deal with the buyer fell through. He testified that his family had to leave Puerto Rico due to the Hurricane. The property at 800 NE 91 Terrace is now his primary residence. Mr. Phillips testified that he had incurred in a lot of expenses and his financial situation has changed for the worse. He said that his previous partner in business had been doing illegal things on his behalf. Mr. Phillips amended his offer to $5,000.00 because he wants to resolve this lien in order to refinance this house. The Board asked questions. Mr. Phillips testified that the Bank in Puerto Rico denied him any relief due to the Hurricane. Mr. Sarafan explained to the Board that because this is Mr. Phillips’s primary residence he could claim it as a Homestead and the Village would not be able to foreclose on this address because of this.

 

Motion:That upon receipt of $5,000.00 payable within 120 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Motion passed 6-0

Yes: Patrick Huber, Rod Buenconsejo, Kimberly Bruce, Ronnie Guillen, Gladys Coia, Robert Vickers

 

 

Case(s): 2-15-13665

Owner: Luz Almeyda/Jose Maco

Address: 114 NW 108 Street

 

Ms. Luz Almeida was present to testify. She testified that she had bought trees three times and gave a brief explanation of how this happened.   She ended up buying the trees from the Village after all. The Board asked questions. Officer Lazaro Remond gave a brief explanation of what she had to do to get the trees replaced by the Village. The Board asked questions. Ms. Almeida claimed hardship due to the fact that her house was robbed. The Board asked questions. Officer Remond explained the process of replacing the trees and what Ms. Almeida did to do so. The Board asked questions. Ms. Almeida claims she has spent more than $2,000.00. The Board asked why it took so long to replace the trees. Officer Remond explained how this case was handled from the time he became involved in this case. The offer was amended to $300.00 payable in 30 days.

 

 

Motion:Failed for Lack of Motion

 

 

Case(s): 5-12-9939

Owner: Lydia Hutcheson

Address: 220 NW 1121 Terrace

 

Ms. Lydia Hutcheson testified that she had done some remodeling through Sears. She said that she asked Sears to comply with all the permits. She testified that at that time she worked full time as a nurse. Ms. Hutcheson testified that she no longer has a job. She is an older nurse and is having trouble finding a job. She takes care of her sick husband. Ms. Hutcheson testified that she is in the process of refinancing and the money to pay for this relief will be taken out of the refinancing of the house. The Board asked questions. Ms. Hutcheson testified that she found out about the lien when she tried to refinance. Mr. Sarafan mentioned a written phone message that is in the file. The Board asked questions.

Motion: That upon receipt of $800.00 payable within 120 days that the lien be released.

Moved by Patrick Huber, seconded by Kimberly Bruce

Vote: Motion passed 6-0

Yes: Patrick Huber, Rod Buenconsejo, Kimberly Bruce, Ronnie Guillen, Gladys Coia, Robert Vickers.

 

 

Case(s): 10-14-13401; 10-14-13402; 11-15-14757

Owner: 105 Invest LLC

Address: 1030 NE 105 Street

 

Bridgette Benichai on behalf of 105 Invest LLC by Power of Attorney was present to testify. The Board requested her Power of Attorney. Ms. Benichai is the Realtor and testified that the company tried to cure the violations in time, but due to issues with the permits they could not do so. Ms. Benichai said that the final inspection was in May 2015, but the owner was not aware that he was in violation. She has all the invoices where the owner paid for the permitting. Ms. Benichai said that the property is in compliance. The Board asked questions. Mr. Sarafan asked questions regarding the receipt of the mail sent via certified mail. Ms. Benichai said that she had received all the mail. The violations occurred under the ownership of 105 Invest LLC. Ms. Benichai states that the house is for sale in the amount of $800,000.00. The Board asked questions. The offer was amended to $5,000.00.   

 

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

Moved by Patrick Huber, seconded by Robert Vickers

Vote: Motion Passed 6-0

Yes: Patrick Huber, Rod Buenconsejo, Robert Vickers, Ronnie Guillen, Gladys Coia, Kimberly Bruce.

 

 

Case(s): 9-07-2651

Owner: Estate of Kelley Mitchell and Kirk Allen Wade

 c/o Christopher C. Kelley, Esq.

Address: 10320 NW 2 Avenue

 

Christopher C. Kelley, Esq. was present on behalf of the owners. Mr. Kelley said that the liens were incurred by Ms. Kelley Mitchell who passed away. The Estate of Kelley Mitchell is trying to settle all matters relating to the Estate. Mr. Kelley states that Mr. Kirk Allen Wade did not know about the lien. The Board asked questions. Ms. Coia asked why did it take two years before the pod was removed from the property. Mr. Kelley amended his offer to$2,500.00 payable in 30 days.

 

Motion: That upon receipt of $2,500.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Ronnie Guillen

Vote: Motion Passed 6-0

Yes: Patrick Huber, Rod Buenconsejo, Robert Vickers, Ronnie Guillen, Gladys Coia, Kimberly Bruce.

 

 

Case(s): 11-16-16026; 11-16-16027

Owner: Nancy Veronica Moran

Address: 40 NE 91 Street

 

Ms. Nancy Veronica Moran was present to testify. She testified that it was not her intention to be in violation. She bought the home and made improvements to include replacing the roof. Ms. Moran testified that she was pregnant at the time the violation was issued. One of the violations was for the garage door that needed to be replaced. Ms. Moran testified that there were issues with the repairs and an Engineer had to get involved with the project. Also, that there were other projects that added up to a few thousand dollars. The Board asked questions.

 

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

Moved by Ronnie Guillen, seconded by Patrick Huber

Vote: Motion passed 6-0

Yes: Rod Buenconsejo, Robert Vickers, Kimberly Bruce, Gladys Coia, Patrick Huber, Ronnie Guillen

 

 

MINUTES

Minutes for November 2, 2017

Motion to approve minutes, by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen and the Motion passed 6-0.

 

NEXT MEETING

The next meeting will be on February 1, 2018

 

ADJOURNMENT

December 7, 2017 Code Board meeting was adjourned

________________________________                         _____________________________

Lazaro Remond, Code Enforcement Manager              Rod Buenconsejo, Vice Chairman