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Code Enforcement Meeting Minutes- July 2, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES


   Thursday, July 2, 2015

 

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 2, 2015, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

 

Roll Call.

Present: Barry Perl, Barry Asmus, John Patnik, Robert Smith, Manny Quiroga, Robert Vickers

Absent:  Rod Buenconsejo

 

 

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, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Benjamin Bean, Acting Village Attorney

Mariana Gracia, Clerk

 

 

FIRST HEARING

 

Summary Adjudication for 1st Hearings: Case(s): 3-15-13819; 4-15-13872; 4-15-13922; 4-15-13932; 4-15-13979; 4-15-13990; 4-15-14006; 5-15-14022; 5-15-14048; 5-15-14055; 6-15-14099; 6-15-14195; 6-15-14210.

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 Manny Quiroga, seconded by Barry Perl

Motion: Passed Unanimously

Yes: Barry Perl, Barry Asmus, Robert Smith, John Patnik, Manny Quiroga, Robert Vickers.

 

 

PENALTY HEARING

 

Case: 2-15-13643

Owner: 105 NW 92 LLC c/o Edward Riczo

Address: 105 NW 92 Street

 

Samuel Riner, Attorney and Edward Riczo were present to testify. Officer Flores testified that the permits had been issued and that they should be closed in order to cure the violation. The Board asked questions. Mr. Riner explains that the reason for not having completed the project is because he was trying to obtain the loan to do so. He wanted to testify of the extenuating circumstances that delayed this project. Mr. Edward Riczo testified that he did not have the funds to do the project. He said he did as much as he could but was unable to finish like he wanted to. Mr. Riner testified they are trying to do a refinance in order to get the funds needed to complete the work. Mr. Riczo explains the permit process. He says that all his major work is done all that needs to be done is aesthetic work to finish. The Board asked questions. Mr. Riczo asked the Board to give him some additional time. Officer Flores testified that this project has been going on for years. The Board asked questions. Mr. Riczo testified that the reason why it took so long for his house to be done is because he had other projects that took precedence over his property.

 

Motion with respect to case 2-15-13643 the respective violator be ordered to pay the daily fines 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 Barry Asmus

Vote: Passed Unanimously

Yes: Barry Perl, Barry Asmus, Bob Smith, John Patnik, Manny Quiroga, Robert Vickers.

 

Summary Adjudication for Penalty Hearings: Case #’s: 2-15-13693; 3-15-13782; 3-15-13806; 4-15-13874; 4-15-13875; 4-15-14007; 4-15-14009; 5-15-14052.

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 Robert Smith

Vote: Passed Unanimously

Yes: Barry Perl, Barry Asmus, Bob Smith, John Patnik, Manny Quiroga, Robert Vickers.

 

 

REQUEST FOR RELIEF

 

Case(s): 1-13-10818; 1-13-10819

Owner: Dr. Camille Denis

Address: 234 NE 99 Street

 

Dr. Camille Denis was present to testify. Dr. Denis testified that he did not receive notice. The Board asked questions. Officer Flores testified that there had been no misunderstanding regarding this case. Offer amended to $3,500.00.

 

Motion: I move that upon receipt of $3,500.00 payable within 90 days that the lien be released.

Moved by Barry Perl, seconded by Robert Smith

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

Yes: Barry Perl, Robert Smith, Manny Quiroga, Robert Vickers

No: Barry Asmus, John Patnik

 

 

Case(s): 10-07-2906

Owner: James Willets

Address: 1160 NE 100 Street

 

Mr. Richard Golden and Mr. James Willets were present to testify. Mr. Golden proceeded to testify their offer should be accepted considering the actual time factor in which the violation was cured, the violation was originally noticed in Feb. 6, 2008. The cleaning of the roof and the exterior walls was completed. The only failure was that the homeowner failed to notify the city officials at the time of completion. Mr. Golden explained the timeline in which things took place. He attested to the fact that Mr. Willets had recently received a notice in the mail. Mr. Willets testified that when he received this notice he contacted the city and found out what it was a about. He said he failed to call when he corrected the violations. They are not questioning the notification done in time. The Board asked questions. Officer Flores testified that they came into compliance by March. He testified that they complied by October 2009. Officer Flores clarifies that they had complied on some of the violation and not on the other. Officer Flores testified that he had spoken to someone at the time of the violation.

 

Motion: Motion that upon payment of $3,000.00 payable within 60 days that the liens be released.

Moved by Barry Perl, seconded by Robert Smith

Vote: Passed Unanimously

Yes: Barry Perl, Barry Asmus, Bob Smith, John Patnik, Manny Quiroga, Robert Vickers

 

 

Case(s):7-12-10186; 7-12-10189

Owner: 525 Land Trust

Address: 525 NW 111 Street

 

John Paul Siervo, Property Manager and Paul Savage, Attorney for the trust the owner of this property. The attorney testified that all of the violations occurred some years before their ownership. Prior owners committed all of these violations. Mr. Savage continued to explain the reason why the violations got to be so high.   He said that the reason was that there was an illegal addition that had to be taken out before they painted and fixed the driveway. Officer Flores testified that for the most part the house looks good. It still needs some work but for the most part it looks good. The Board asked questions. Mr. Savage states that Mr. and Mrs. Florencort were the previous owners. He said that he was not aware that there was title insurance. Mr. Savage testified that they have worked diligently to fix the property. Mr. and Mrs. Florencort have a closing statement with 525 Land Trust. Offer was amended to $4,000.00 payable within 30 days.

 

 

Motion: Motion to table to the next meeting.

Moved by Manny Quiroga, seconded by John Patnik

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

Yes: Bob Smith, Barry Perl, Manny Quiroga, Barry Asmus, John Patnik

No: Robert Vickers

 

 

Case(s): 11-13-12112

Owner: RJG Real Estate LLC

Address: 137 NW 106 Street

 

 

Jonathan Woelfel, Property Manager and Mark Burkhalter Property Manager were present to testify. Mr. Woelfel testified that they had some issues with the contractor and also the house burned down before they could correct the violations. The remedy was to close down the permits and they could not do so because the issues with the contractor and also the house burned down. Officer Flores testified that the house looks great now. He corroborated what Mr. Woelfel had testified. The Board asked questions. Mr. Burkhalter testified about the timeline in which they had acquired the permits. He said that the contractor had raised his price once he had the permits. They had to change from that contractor to a new contractor. The Board asked questions.

 

 

Motion: Motion that upon payment of $5,000.00 payable within 30 days that the liens be released.

Moved by Barry Perl, seconded by Robert Smith

Vote: Passed Unanimously

Yes: Bob Smith, Barry Perl, Manny Quiroga, Barry Asmus, John Patnik, Robert Vickers

 

 

Case:7-13-11621

Owner: Joel Rivas

Address: 1250 NE 93 Street

 

 

Mr. Joel Rivas was present to testify. He said that this is something that took them by surprise. He had no idea when he purchased the house that the enclosed garage was illegal. It took some time to try to legalize it. Finally, they ended up demolishing it. Officer Orta testified that he had spoken to Mr. Rivas at the time. The Board asked questions.

 

 

Motion: I move that upon receipt of $1,000.00 payable within 30 days that the lien be released on the property.

Moved by Barry Perl, seconded by Robert Smith

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

Yes: Barry Perl, Robert Smith, Manny Quiroga, Robert Vickers.

No: Barry Asmus, John Patnik

 

 

Case: 9-14-13180

Owner: Todd Leoni

Address: 165 NE 98 Street

 

 

Mr. Todd Leoni (Landlord) and Ms. Allison Baker (Tenant) were present to testify. Ms. Baker testified that she had applied for the permit. She got a paper from the Clerk at the Building Department with a permit number on it. She assumed she had the permit then went ahead and built the fence. Apparently she was incorrect in assuming she had a permit. They later learned that there was a lien on the property. She then immediately got the permit and the inspection which passed. The Board asked questions. Ms. Baker said that she did not know that putting the panels up against the existing fence was not permitted. When she learned this she went ahead and got the permit. Officer Orta testified that he saw the violation. Mr. Leoni testified that he had no idea that there was a fine running. He said that when they learned about the lien the permit was pulled. Officer Orta testified that there were a lot of extensions because there was a permit. Mr. Leoni testified that he usually did not allow his Tenants to do this. The Board asked questions.

 

 

Motion: I move that the amount of $500.00 payable within 30 days that the lien be released on the property.

Moved by Barry Perl, seconded by Robert Smith  

Vote: Denied (Yes=3, No= 3, Abstain= 0)

Yes: Barry Perl, Robert Smith, Robert Vickers

No: Barry Asmus, John Patnik, Manny Quiroga

 

 

Case: 10-14-13301

Owner: Argelia Guaitero & Juan Cadenas

Address: 84 NW 94 Street

 

 

Argelia Guaitero and Juan Cadenas were present to testify. Ms. Guaitero testified that they had complied with the violation as soon as they were aware of it. She said they are first time offenders. She said that they had been asked by Officer Orta to do other things and they have complied with. Mr. Cadenas testified that Officer Orta had been very patient with them in the past. Mr. Cadenas said that they had to trim back the tree that was over the roof. They then cleaned the roof. Officer Orta testified that the first couple of inspections did not pass. The Board asked questions.

 

 

Motion: I move that upon payment of $150.00 payable within 30 days that the liens on this property be released

Moved by Robert Smith, seconded by Barry Perl 

Vote: Passed (Yes=6, No= 1, Abstain= 0)

Yes:   Barry Perl, Robert Smith, John Patnik, Manny Quiroga, Robert Vickers

No: Barry Asmus

 

 

Case: 12-13-12175, 1-14-12280

Owner: ANUV LLC

Address: 33 NE 93 Street

 

 

Uri Segev was present to testify. Mr. Segev testified that they got the property in a foreclosure auction. They did not get possession for eight months after they got it at the auction. He said that it took him a long time to comply with everything but they finished it. Officer Orta testified that he had to stop the job because there were no permits in file. Mr. Segev testified that they got the demolition permit in 60 days. He spoke about the violations that were cured soon after notice. The Board asked questions. Officer Flores testified that it depends on how you write the citation for the time to comply. Offer amended to $2,500.00.

 

 

Motion: I move that upon receipt of $4,500.00 payable within 60 days that the liens on this property be released

Moved by Barry Perl, seconded by Manny Quiroga    

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

Yes: Barry Perl, Robert Smith, Manny Quiroga, Robert Vickers

No: Barry Asmus, John Patnik

 

Board Members discussion.

 

 

MINUTES

Code Enforcement Board June 4, 2015 minutes were approved.

Moved by Barry Asmus -   Seconded by Barry Perl

Approved unanimously

 

 

NEXT MEETING

The next meeting will be on August 6, 2015

 

 

ADJOURNMENT

July 2, 2015 Code Board meeting was adjourned


 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor     Robert Vickers, Chairman