LimeBike Memorandum of Understanding

Code Enforcement Meeting Minutes for June 2, 2016

CODE ENFORCEMENT BOARD MEETINGMINUTES

  Thursday, June 2, 2016

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 2, 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, Barry K. Asmus, Rod Buenconsejo, Barry Perl, Chairman Robert Vickers.

 

Absent: Manny Quiroga.

 

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

Case:   5-16-15268 & 5-16-15269

Owner: Citi Mortgage Inc.

Address: 338 NW 111 Terrace

 

Attorney Giselle Hernandez representing City Mortgage was present. Officer Flores testified about the violations. Ms. Hernandez testified that they were aware of the violations and they are working to resolve these violations. Ms. Hernandez states that they are requesting more time to resolve these violations. The Board asked questions and made comments. 

 

Motion: With respect to cases 5-16-15268 & 5-16-15269 I move for finding of fact in conclusion of law that there exists a violation of code section 523, 6-4(a), 12-82, 20-31 of the Miami Shores Village Code the offending party shall correct the violation by August 2, 2016 and immediately notify the Code Enforcement Officer when the property has been brought into compliance, if the violation has not been brought into compliance by that time the Code Enforcement Officer may report back to the Board and in such an event a fine is hereby authorized to be automatically assessed against the violator in the amount of $50.00 a day thereafter which will constitute a lien on the property of the violator, cost in the amount of $30.00 are hereby be assessed to recoup the villages expenses in prosecuting the violation to date.

 

Moved by Patrick Huber, seconded by Barry Asmus

Vote: Passed Unanimously

 

Summary Adjudication for 1stHearingsCase(s): 1-16-14791; 1-16-14794; 1-16-14795; 1-16-14797; 1-16-14798; 1-16-14799; 2-16-14860; 2-16-14861; 4-16-15120; 5-16-15261; 5-16-15262; 5-16-15263; 5-16-15264; 5-16-15329.

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.” With the exception of case #2-16-14860.

 

Moved by Robert Smith, seconded by Barry Perl

Motion: Passed Unanimously

 

Motion:  With respect to cases 2-16-14860 I move for finding of fact in conclusion of law that there exists a violation of code section 12-103, 12-82 of the Miami Shores Village Code the offending party shall correct the violation within 15 days and immediately notify the Code Enforcement Officer when the property has been brought into compliance, if the violation has not been brought into compliance by that time the Code Enforcement Officer may report back to the Board and in such an event a fine is hereby authorized to be automatically assessed against the violator in the amount of $250.00 a day thereafter which will constitute a lien on the property of the violator, cost in the amount of $30.00 are hereby be assessed to recoup the villages expenses in prosecuting the violation to date.

 

Moved by Barry Perl, Seconded by Rod Buenconsejo

Motion: Passed Unanimously   

 

PENALTY HEARING

No one present for this hearing.

Summary Adjudication for Penalty Hearings:Case #’s: 10-15-14603; 10-15-14629; 10-15-14699; 2-16-14899; 2-16-14977; 2-16-14978; 2-16-14979; 3-16-15004; 3-16-15047; 4-16-15119; 8-15-14456.

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 Bob Smith, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

Case(s): 2-08-3594

Owner: Aline Wilson

Address: 189 NW 92 Street

 

Attorney Donn S. Dutton was present on behalf of the owner. Ms. Wilson was also present. Mr. Dutton testified that Ms. Wilson was going through hardship when the violation occurred. This violation was not something that was intentional and would like to put this behind. The Board asked questions.

 

Motion: That upon receipt of $760.00 payable within 30 days that the lien be released.

Moved by Barry Perl, seconded by Patrick Huber

Vote: Passed Unanimously

 

 

Case(s): 5-13-11332

 Owner: East West Properties Holdings, LLC

Address: 5 NE 107 Street

 

Attorney Adam Brookland was present on behalf of the owner. Mr. Brookland testified that the owner did not cause the violations. This property was bought with the violations in the foreclosure auction. The violations were cured within 30 days of acquiring the property. The Board asked questions.  Officer Flores testified that they have fixed up the house really nice. 

 

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

Moved by Patrick Huber, seconded by Barry Perl

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

Yes: Patrick Huber, Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo

No:  Chairman Vickers

 

  

 Case(s): 5-14-12720; 5-14-12721; 5-14-12722; 5-14-12723 

Owner:JCAS FUND CORP., Juan C. Annicchiarico

Address: 137 NW 107 Street

 

Mr. Annicchiarico was present and wished to testify. He purchased the property knowing that it had all of these liens. He testified that he had spoken to Officer Flores about bringing the house under compliance. Mr. Annicchiarico testified that he had a squatter in the house. The property is under contract now. Officer Flores testified that Mr. Annicchiarico’s testimony was correct. They had done a nice job fixing the house. The Board asked questions and made comments. Mr. Annicchiarico testified that the approval process to get the house fixed took a long time. Mr. Annicchiarico testified that his inexperience was a factor in him not getting the violations cured immediately. Officer Flores testified that Mr. Annicchiarico applied for Reasonable Accommodation but did not qualify. The Board asked questions.

 

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

Moved by Patrick Huber, seconded by Robert Smith

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

Yes: Patrick Huber, Robert Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus

 

 

Case(s): 9-14-13208

Owner: Martin J. Berardi, Jr.

Address: 149 NE 98thStreet

 

Mr. Martin Berardi was present and testified that he took care of the violations himself. Testified that he had some personal issues. Financial hardship was an issue that prevented the violations to be cured. He said that this would never happen again. Every other time he had a courtesy notice they were all take care of immediately. The Board asked questions. He offered to pay $500.00 payable in 30 days.

 

The offer failed for lack of Motion.

 

BP Motion: Mr. Perl then made the Motion that upon receipt of $1,500.00 payable within 90 days that the lien be released.

Moved by Barry Perl, seconded by Rod Buenconsejo

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

Yes: Patrick Huber, Robert Smith, Barry Perl, Rod Buenconsejo

No: Barry Asmus, Chairman Vickers

 

 

 Case(s): 3-08-3860

Owner: Rene & Evelyn Lopez-Couto

Address: 1080 NE 96 Street

 

Ms. Evelyn Lopez was present to testify. Ms. Lopez testified that she had some personal problems she had to take care of that prevented her from curing the violation. Ms. Lopez was speechless. Chairman Vickers read the statement she submitted with the application. She testified that there was some confusion with the paint. She is now able to really take care of things. Mr. Rene Lopez-Couto was also present. Ms. Lopez had problems with painting of the house because it is too big. Mr. Lopez testified that he had come in to get a permit and found out that there was a lien on the house. He would like to have the issue resolved. The Board asked questions.

 

Motion: That upon receipt of $1,295.00 payable within 30 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, Bob Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus

 

 

Case(s): 2-15-13739

Owner: Ulrich & Nazarine Koepf

Address: 395 NE 92 Street

 

Adam Golden, Esq. was present on behalf of the owners. He testified that the owners lived in the United Kingdom. The Code Compliance office was not notified that they had come into compliance in a timely manner. Officer Flores testified that the product that was put on the roof did not clean the roof as intended. Officer Flores testified that had someone contacted him he would have given them an extension. The Board asked questions. 

 

Motion: That upon receipt of $1,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

 

Case(s): 4-13-11253; 4-13-11255; 8-14-13098; 4-13-11256

Owner: Thomas Wensjoe & Monica E. Kuljich

Address: 10025 Biscayne Blvd.

 

Mr. Wensjoe was present by POA. He testified that he is the neighbor of this property. He has had numerous issues with this house. There is an opportunity now to acquire this house to prevent the problems he has had in the past. The Board asked questions. Mr. Wensjoe testified that he intends to tear down the house and keep the property. Officer Flores testified that the condition of the roof is dangerous and it does not make any sense to clean a roof that will be tore down. Mr. Wensjoe says that the closing date is in June.

 

Motion: That upon receipt of $3,850.00 payable within 30 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, Bob Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus

 

 

Case(s): 10-14-13276

Owner: Susan Palmatier

Address: 341 NE 104 Street

 

Ms. Susan Palmatier was present to testify. She testified that they had serious plumbing issues. Finally, they got the permits to get the septic tank and drainage. Because of this she did not re sod the swale area. She should have communicated with Officer Flores. She found out when she came to pull a permit to paint the house. The Board asked questions.

 

Motion: That upon receipt of $400.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Passed Unanimously

 

 

MINUTES

Minutes for April 7, 2016 

Minutes for May 5, 2016 

Motion to approve minutes by Patrick Huber, seconded by Barry Perl and the vote was unanimous in favor of the Motion.

 

NEXT MEETING

The next meeting will be on July 7, 2016

 

ADJOURNMENT

June 2, 2016 Code Board meeting was adjourned 

 

________________________________         _____________________________

Anthony Flores, Code Enforcement Supervisor                       Robert Vickers, Chairman