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Code Enforcement Meeting Minutes - March 2, 2017

CODE ENFORCEMENT BOARD MEETING  MINUTES

 

 

  Thursday, March 2, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 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, John Berryman, Kimberly Bruce, Gladys Coia, Rod Buenconsejo, Chairman Robert Smith.

 

Absent:  Robert Vickers

 

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, Code Compliance Officer

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

 

FIRST HEARING

case 2-17-16230

 City Natl Bank of FLA TRU

9999 NE 2 Avenue

 

Officer Michael Orta gave a brief testimony of the violation of a nuisance that is happening every Sunday at 7:00 AM. Officer Orta explained that the nuisance is due to a truck that goes to the site to pump out all the septic system and makes an enormous amount of noise early in the morning every Sunday from 7:00 AM to 11:30 AM. Officer Orta testified that he has a police report to show to the Board. Mr. Sarafan asked that the property owner see the police report as well as the pictures. Officer Orta gave detailed information as to when the Notice of Violation was sent and spoke about a conversation he had with the property manager, Mr. Julio Martinez. The Board asked questions. Officer Orta testified that this is a serious matter due to the amount of water going through the septic system.   Mr. Julio Martinez, General Manager of the 9999 NE 2 Avenue building presented himself and offered to listen to the residents present at the hearing before he testified. Mr. Martinez complained about one of the residents present and complained of harassment by this resident. Chairman Smith asked if Mr. Martinez agreed that a violation exists. Mr. Martinez testified that yes he agreed that a violation exists. Mr. Martinez said that the City is at fault for the violation. The Board asked questions. Mr. Martinez testified that the dialysis main product is water which they use to clean people’s systems. The dialysis produces 11,000 gallons of water into the septic system. Mr. Martinez testified that he is doing this clean up services so early in the morning because this is the only option he has. Mr. Martinez mentioned that they paid to have the sewer system put in and that this was promised a year ago and is still not there. Mr. Sarafan went over as to the order in which the hearing should be done. The residents present will testify now.

 

 

1.       Darren Pat of 253 NE 99Lives two houses to the East of the property in question. He asked to be excused for his appearance due to an illness he is suffering. He said that even with the pain he is enduring he found time to come and testify. Mr. Pat said that every morning at 7:00 AM they have a terrible loud noise that wakens the family up. He mentioned that some of his friends and neighbors are here also to testify to this. Several other neighbors who could not be here also expressed their support. He testified that this has been going on for quite some time. He showed a video of the truck making the noise. Mr. Pat testified that they had other videos to show where the loud noise is being endured by the residents. All they are asking for is to be able to enjoy the weekends without having to hear this loud noise at 7 AM Sunday mornings. The Board asked questions. Mr. Martinez asked Mr. Pat when was the first time that he had met him. Mr. Pat responded.

 

 

2.      Kim Flower of 245 NE 99 Street who lives at the first house to the East of the building in question. She testified that she has been listening to this loud noise for over a year now. The truck comes early in the morning around 6:45 AM and they come back about three times which takes this process until 2Ms. Flower testified that she had emailed the Village Manager regarding the issue and that he had said that he would bring it up to Code Compliance. She said that she had not heard anything back. Ms. Flower spoke about the sewer spillage in the parking lot. The odor is very bad and disgusting. She suggested that the pumping be done another time during the week. Mr. Martinez asked Ms. Flower if she was the owner of the property or the renter. Ms. Flower said she rented there. Mr. Martinez said that the house she is renting had emptied the pool in his parking lot before. 

 

 

3.      Rafael Graterol of 240 NE 99He hears the noise through the impact windows in his house. The noise has been a disturbance in the neighborhood.

 

 

Mr. Martinez sympathized with the residents and explained that he would like to do the clean-up at another time but he cannot. He explained that the reason why is because of the dialysis center schedule. He has to do it on Sunday because this is the only day that the dialysis center does not work. The Board asked questions. Mr. Martinez said that the dialysis center had other locations. The lease with the dialysis center had been renewed. Mr. Martinez said that he had to pump the system manually at times because it was overflowing. He said that the problem is the fact that the City had not installed the sewer system yet. The Board asked questions. Mr. Sarafan clarified that Mr. Martinez had been cited under the Code 10-5 he is here before the Board just for that charge. Mr. Martinez explained that they start at 7:00 AM because they have to finish before 2:00 PM. He introduced the evidence of an agreement they had with DERM. He explained how they had shut down part of the septic system. The Board asked questions. Mr. Sarafan explains that what Mr. Martinez had just submitted is an unsigned agreement with DERM. Mr. Martinez said he can bring I signed copy of the agreement. Mr. Sarafan explained the agreement. The Board asked questions. Mr. Sarafan read Code 10-5 into the record. The Board asked questions. Mr. Sarafan explains that the lease had a certain amount of options that had now been exercised. Mr. Martinez agreed that yes for the lease is extended for 8 more years. He is going to try to get the septic service done later on the day. He will ask but he cannot promise anything.  The Board made comments. Ms. Coia asked for a point of clarification from the Attorney. Ms. Coia said that we have already established that there is a violation. This is not an injunction this does not prevent them from continuing to do this? Mr. Sarafan said that all the Board can do is order that the noise cease and if not complied with that the fines will run. He said that ultimately the object of the fine is to induce compliance. This is more likely to happen when you have commercial property that is not subject to homestead. The Board made comments. Mr. Martinez introduced information about the dialysis center. Mr. Sarafan said to Mr. Martinez that we are not here to give you legal advice. The Board asked questions. Mr. Martinez said that the noise is one thing and the smell was related to DERM jurisdiction. Mr. Sarafan said they can settle with DERM. There is nothing that legally prevents us from citing Mr. Martinez. Mr. Sarafan states that the consent introduced as evidence was done between the Dade County Department of Resource Management and City National Bank Trustee as respondent it does not name Miami Shores as a participant and Miami Shores did not sign it. Chairman Smith had some comments and expressed his feelings about the issue and that he sympathizes with the neighbors.

 

 

Motion by Mr. Patrick Huber, with respect to case number 2-17-16230 I move for finding of fact in conclusion of law that there exists a violation of section 10-5 of the Miami Shores Village Code. The offending party shall correct all such violations within two days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time the Code Enforcement Officer may report back to the Board, in such 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 is hereby assessed to recoup the Villages expenses in prosecuting the violation to the date. Motion was Seconded by Mr. Berryman and the Motion carries 6-0.

 

  

Summary Adjudication for 1stHearings:  Case(s): 10-16-15947; 10-16-15952; 10-16-15961; 11-16-16026; 11-16-16027; 11-16-16052; 11-16-16078; 11-16-16081; 1-17-16148; 1-17-16151; 1-17-16162; 1-17-16164; 12-15-14772; 12-16-16134; 3-16-15099; 6-16-15459; 6-16-15460; 6-16-15461; 6-16-15462; 9-16-15791.

 

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 Rod Buenconsejo

Vote: Passed 6-0

 

 

PENALTY HEARING

No one present of this hearing

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 10-16-15896; 10-16-15897; 10-16-15985; 11-16-16013; 2-16-14943; 7-16-15530; 7-16-15588; 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 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 6-0

 

 

REQUEST FOR RELIEF 

Case(s): 3-10-6892

Owner: Richard Dailey

Address: 10402 NE 2 Avenue

 

 

Chairman Smith asked the Attorney representing Mr. Dailey if they had brought the documents that were missing at the last hearing. Attorney Robert Holland said that they had some documents and introduced them to the Board. Mr. Holland mentioned that they had been before the Board a few times before. Mr. Holland mentioned that the violation was caused by a previous owner. The Attorney said that on May 2011 Mr. Dailey purchased the property. The Seller was responsible for the payment of the lien attached to case 3-10-6892. Mr. Holland testified that he finally got a response from the title company sometime in January. He said that the title company has taken the position that they are not responsible for item number 14. Mr. Holland claims that Mr. Dailey was never made aware of the outstanding fines. Mr. Dailey found out about it when he came to the Village for another issue. It was then that he was told that there was a lien by a Village Clerk. Mr. Dailey then contacted Mr. Holland to try and resolve the lien situation. Mr. Holland said that legally they cannot go after the title company. Mr. Dailey purchased the house outright to be his residence. Mr. Holland raised the offer to $1,500.00. The Board asked questions. Mr. Sarafan made some clarification regarding the way the sale was made. The Board asked questions. Officer Orta testified that this case was created by Anthony Flores and that he was not familiar with this case. The Board asked questions. Mr. Sarafan explains why the Bank might have paid for line item 13 and not line item 14. Chairman Smith states that the Code lien was apparently excluded from the title policy. 

 

 

Motion: That upon receipt of $1,500.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Motion carries 6-0

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

 

 

Case(s): 3-16-15024

Owner: Michael P. Whallen Jr.

Address: 10414 N. Miami Avenue

 

Mr. Whallen was present to testify. He said that he had put pavers without permit. He admits it was his fault and would like to get the matter resolved. Mr. Sarafan expressed admiration for Mr. Whallen’s admission of this being his fault. The Board asked questions. Mr. Whallen testified that it’s a difficult time for his finances and that $650.00 is all he can afford to pay, he added that he will probably have to borrow the money. He wishes he could make a better offer.

 

Motion: That upon receipt of $650.00 payable within 60 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Motion carries 6-0

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

 

 

Case(s): 5-15-14057 

Owner:Waters Edge Shores, LLC

Address: 1094 NE 91 Terrace

 

Mr. Seymoure Kantor, Manager of Waters Edge Shores, LLC, registered owner of property at 1094 NE 91 Terrace was present to testify. He testified that on June 17, 2015 they purchased the property in a foreclosure. The property was then transferred to the LLC.  He was informed by the Contractor that there was a violation for electrical work. Mr. Kantor recounted what he had done to cure the violation and the times he had contacted Officer Orta. The process was long and at times trying. He was under the understanding that the landscaping was to be completed after the remodeling took place. He attested that the property is in compliance and claims he had no knowledge of this lien. Officer Orta testified that he could not access the notes in his computer. Maybe there was some loss in communication. Mr. Kantor said he never got the notices. The notices were sent to the address in the property appraisers. Mr. Sarafan said that the lien was recorded in September and it reflects that it was to be cured. Maybe there was a one-month continuance. The owner information was not changed in the computer. Mr. Kantor completed the landscaping two months ago. He claims he did not know he had to do the landscaping within a month. The Board asked questions. Mr. Kantor testified that he had intended for this house to be his homestead then changed his mind. The Board asked questions. There was Board discussion about the lien. Mr. Sarafan said that the lien was not there at the time of purchase. The Board asked questions. Mr. Sarafan said that the most common number used is $10.00 at the time of auction. Mr. Kantor said that the final offer is $100.00 because he had done his due diligence. There was no motion. Mr. Sarafan suggested a BP Motion and he explains what this is.

 

Motion: BP Motion $5,000.00 payable within 30 days that the lien be released.

Moved by John Berryman, seconded by Rod Buenconsejo

Vote: Motion carries 6-0

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

 

 

Case(s): 2-15-13751

 Owner: Richard Boullon

Address: 85 NW 102 Street

 

Richard Boullon was present to testify. Officer Orta testified that this was not his case but he had assisted after the lien was placed. Mr. Boullon testified that he had messed up in this case. He recounted the three times he had been before the Planning and Zoning Board for a Variance. Mr. Sarafan attested to his testimony. The Board asked questions. This house is his homestead. Mr. Sarafan states that from his perspective this gentleman has suffered plenty. 

 

 

Motion: Motion $750.00 payable within 90 days that the lien be released.

Moved by John Berryman, seconded by Rod Buenconsejo

Vote: Motion carries 6-0

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

 

 

 

MINUTES

Minutes for February 2, 2017

 

Motion to approve minutes with one correction, Motion made by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo and the Motion carries 6-0.

 

 

DISCUSSION: Mr. Sarafan asked the Board if the new Code Enforcement Supervisor could say a quick hello. Officer Lazaro Remond introduced himself. The Board welcomes him. Chairman Smith and the Board welcomed Mr. Berryman. Chairman Smith thanked Mr. Sarafan and the Board members for their help in the first case at today’s hearing. Mr. Sarafan confirms that the hearing was done in a very organized manner.

 

 

NEXT MEETING

The next meeting will be on April 6, 2017

 

 

ADJOURNMENT

March 2, 2017 Code Board meeting was adjourned 

 

 

 

________________________________                         _____________________________

Michael Orta, Code Enforcement Supervisor                  Robert Smith, Chairman