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Code Enforcement - Meeting Minutes - February 2, 2017

CODE ENFORCEMENT BOARD MEETING MINUTES

 

   Thursday, February 2, 2017

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 2, 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, Mr. Robert Vickers, Kimberly Bruce, Gladys Coia, Rod Buenconsejo, 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

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

 

No one present for this hearing

 

Summary Adjudication for 1st Hearings: Case(s): 10-16-15896; 10-16-15897; 10-16-15920; 10-16-15921; 10-16-15922; 10-16-15985; 11-16-16024; 11-16-16029;2-16-14943; 7-16-15530; 9-16-15765; 9-16-15810.

 

The officer, Michael Orta, 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: Passed Unanimously

 

PENALTY HEARING

 

No one present of this hearing

 

Summary Adjudication for Penalty Hearings: Case #’s:  10-16-15894; 11-16-16015.

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 Rod Buenconsejo, seconded by Patrick Huber

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

Case(s): 3-10-6892

Owner: Richard Dailey

Address: 10402 NE 2 Avenue

 

Robert Holland, Esq. spoke about not having the information he needs to present to the Board. Mr. Sarafan said that Mr. Dailey can wait until next meeting.  Discussion took place about the Settlement Statement.  The Board asked questions.

 

The Item was tabled until next meeting on March 2, 2017

 

Case(s): 3-16-15024

Owner: Santiago Martinez

Address: 285 NE 95 Street

 

Mr. Santiago Martinez was present to testify. Officer Mike Orta gave a brief explanation of the case.  Mr. Martinez testified that he did not feel that the sidewalk was his responsibility but he did comply.  The extensions he got was because he did not know that there were certain deadlines.  Mr. Martinez spoke about the amount of money that he had spent on the violation.  Officer Orta said that he had given Mr. Martinez more time.  Mr. Martinez he was more focused on the sidewalk and then the swale. 

 

Motion: That upon receipt of $1,750.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Unanimous in favor of the Motion

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

 

 

Case(s): 9-06-1126; 9-06-1127

Owner: Java Holdings LLC, Shane Graber

Address: 600 NE 97 Street

 

Mr. Shane Graber, sole member of Java Holdings LLC was present and wished to testify. The property was purchased with the violations. The Title search did not show the lien at the time of purchase. He said that they had improved the property which is what The Village likes. The Board asked questions. Mr. Sarafan explains that the Escrow amount can be paid if the issue is not resolved in a certain time.

 

Motion: Motion $2,000.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Unanimous in favor of the Motion

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

 

 

Case(s): 9-14-13215; 8-14-13041

Owner: Victor Layug

Address: 136 NE 110 Street

 

 

Mr. Victor Layug was present and wished to testify. There was no comment from Staff.  Mr. Layug explained the process he went through to fix the wood on the facia board.  He explained that the Village had asked him to get a permit for the roof repair.  He spoke about his conversation with Officer Anthony Flores.  Mr. Sarafan passed the photos of the roof and the deteriorated swale to the Board Members.  The Board asked questions. Mr. Layug testified that he had been a long time resident.  He explained that he had applied for two permits.  Mr. Sarafan explained that there are two separate departments, the Building Dept. and the Code Enforcement Department.  Mr. Sarafan explained why the lien was placed.  Mr. Layug explained the reason why the he waited for the grass violation was because of the driveway he was repairing.  The Board asked questions.  Mr. Sarafan asked when was the permit applied.  Then explained that Mr. Layug had waited 6 months to get the permit.  The Board asked questions.  Mr. Sarafan explained that we have proof of certified mail received, and a photo of the property being posted.  Mr. Layug offered to pay $200.00 payable in 30 days.

 

  

Failed for lack of Motion

 

 

Case(s): 10-10-7839; 12-11-9244; 5-14-12659; 9-14-13169

Owner: Montana 13 Holdings III LLC

c/o Jarrett Williams, Esq.

Address: 941 NE 91 Terrace

 

 

 

Attorney Jarrett Williams was present on behalf of Montana 13 Holdings III LLC. Attorney Williams gave a brief presentation about what transpired in 4 years.  He explained that the fines started before his Client had acquired the property.  His Client had submitted the Site Plan Application soon after she purchased the property.  All permits were pulled.  Mr. Williams gave a chronological count of how the liens were accumulating.  All of the permitting created a delay. His Client did everything as fast as she could, taking into account that there were delays due to the permitting process.  The Board asked questions.  The Client testified that the property was bought in a foreclosure. Mr. Sarafan said that there were some discrepancies as to what the delay might have been.  The Board commented.  Mr. Sarafan asked a question.  Mr. Williams testified that his Client spent over $100,000.00 in renovating the property.  Officer Orta testified that these cases went through the normal procedure. 

 

 

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

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Unanimous in favor of the Motion

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

 

 

 

Case(s): 2-16-14973

Owner: 859 Willow Grove Associates

Address: 9555 NW 2 Avenue

 

Ms. Britney Feinberg was present to testify. Officer Orta testified that Ms. Feinberg was not aware of the process.  Ms. Feinberg testified that the first Contractor ran with the money.  She was taking care of this property for her partner who was not aware of the lien.  Her business partner bought the property for $315,000.00 with $70,000.00 invested to remodel the property.  The Board asked questions.  Mr. Sarafan asked questions. 

 

Motion: That upon receipt of $2,000.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

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

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

No: Robert Vickers

 

 

Case(s): 5-11-8590; 5-11-8591; 5-11-8592

Owner: Francisco Quinonez

Address: 188 NW 104 Street

 

 

Mr. Quinonez was present along with his translator Mr. Barreto. Mr. Barreto testified that all liens were in compliance.  The Canopy was removed but they told him that it had to be within 10 feet.  The windows were installed without a permit, they obtained a permit.  Mr. Barreto said that Officer Flores had cited them with a bathroom remodeling.  Mr. Barreto testified that it was not a bathroom remodel. It was just replacing tiles.  He showed the Board what was done.  He went over what they had to do to cure the violations.  Mr. Barreto expressed the hardships that the Quinonez had been through.  The Board asked questions.  Mr. Barreto testified that they had to hire an Architect in order to get the permit.  The Board asked questions.  Mr. Barreto states that they were cited for a bathroom remodel but what they were doing was replacing tiles in the laundry room.  Mr. Sarafan asked if anyone had attended at any of the meetings.  The Board asked questions. 

 

 

Motion: That upon receipt of $6,000.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Unanimous in favor of the Motion

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

 

 

Case(s): 8-11-8896; 10-11-9069; 12-11-9289

Owner: David Snow

Address: 12 NE 101 Street

 

 

Mr. David Snow was present to testify. Officer Orta testified that all the cases went through the proper protocol.  Mr. Snow testified that he had come before the Board but the Motion failed.  He is currently refinancing the home to do some remodeling.  Mr. Snow went through as to what had transpired.  He acquired all the permits with the exception of one permit outstanding. Which was the electrical permit.  He had to get a new Contractor.  Mr. Snow went over the process they went through in order to get into compliance.  He expressed that there was some hardship in his family.  He claimed that the Enforcement Order was not received.  The Chair stated the sections of the Code that were mentioned by Mr. Snow in his application.  The Board asked questions.  Mr. Snow testified that he did not want to paint the house before he pressured cleaned.  The Board expressed that the amount of time it took for the sidewalk to be pressure cleaned was too much.  The Board expressed that to claim that it was the Village fault is not correct.  Mr. Snow said that there was a communication issue that might have been on his part.  The Board asked question and made statements.

 

 

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

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Unanimous in favor of the Motion

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

 

 

Case(s): 11-10-7944

Owner: Bancroft Investments LLC

Address: 800 NE 91 Terrace

 

 

Mr. Edmond Phillips and Kirk were present to testify. Mr. Phillips testified that they bought the property and three days before the closing they were notified of the lien. They came to the Village and inquired more information about the process.   They found a Contractor and proceeded to get all the permits to remodel the house.  They called for the inspection and they requested a date to speak to the Village about the fines.  Kirk thanked the Village Staff and the Board for our cooperation.  He testified that they had learned a lot about all the aspects in the remodeling process. Mr. Sarafan said that it is nice to hear what they had to say.  Mr. Phillips said that the Contractor he had hired blamed the Village for not doing things speedily.  Mr. Phillips had nothing but praise for the Village Staff.  Listing price is $499,000.00.  They disclosed the lien to the Listing Agent.  The Board expressed their admiration for their sincerety.  Mr. Sarafan clarified the fact that they have remodeled the house and the ultimate goal is to have a family living there. 

 

Motion: That upon receipt of $5,000.00 payable within 90 days that the lien be released.

Moved by Gladys Coia, seconded by Patrick Huber

Vote: Unanimous in favor of the Motion

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

 

 

MINUTES

 

 

Minutes for December 1, 2016

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

 

 

DISCUSSION: Mr. Sarafan had a comment on the topic of pressure cleaning. Second, he congratulated Mr. Smith for running a successful meeting.  Chairman Smith thanked the Board for their support.

 

NEXT MEETING

The next meeting will be on March 2, 2017

 

ADJOURNMENT

February 2, 2017 Code Board meeting was adjourned

 

 

________________________________                             _____________________________

Michael Orta, Code Enforcement Supervisor                      Robert Smith, Chairman