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Code Enforcement Meeting Minutes-March 3, 2016

CODE ENFORCEMENT BOARD MEETING MINUTES

Thursday, March 3, 2016

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 3, 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, Rod Buenconsejo, Barry Perl, Barry K. Asmus, 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

Ben Bean, Attorney

Mariana Gracia, Clerk

 

 

FIRST HEARING


No one present for this cases.

Summary Adjudication for 1st Hearings: Case(s): 10-15-14603; 10-15-14633; 11-15-14748; 1-16-14844; 12-15-14765; 2-16-14849; 2-16-14854; 2-16-14856; 2-16-14858; 2-16-14917; 3-15-13772; 6-15-14166; 8-15-14370; 8-15-14371.

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 Bob Smith, seconded by Barry Asmus

Motion: Passed Unanimously



 

PENALTY HEARING

 

Case(s): 8-15-14461

Owner: Kerline Saint Sauveur

Address: 571 NW 113 Street

 

Mr. Saint Sauveur (Brother of Ms. Kerline Saint Sauveur and Manager of the Property) was present to testify.   Mr. Saint Sauveur testified that he had put some sod but still needs to put some more down on the swale. Officer Flores testified that yes they do need to put more sod down in the swale. The Board asked questions. Discussion by the Board took place. Mr. Saint Sauveur testified that he could not afford to put ribbons to park.   The Board asked questions and made comments. Mr. Saint Sauveur asked for an extension of 60 days to comply.

 

Motion: That the case be continued until May 4, 2016

Moved by Barry Perl, seconded by Patrick Huber

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

Yes: Patrick Huber, Barry Perl, Bob Smith

No: Barry Asmus, Rod Buenconsejo, Chairman Vickers

 

Motion: With respect to case 8-15-14461 the 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 Boards Order in this regard a lien be imposed on the property of the violator.

 

Board members discussion took place. The fines will be $100.00 a day.

 

Moved by Rod Buenconsejo, seconded by Barry Asmus

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

Yes: Barry Perl, Barry Asmus, Bob Smith, Rod Buenconsejo, Chairman Vickers

No: Patrick Huber

 

Summary Adjudication for Penalty Hearings: Case #’s:10-15-14705; 10-15-14717; 10-15-14719; 11-15-14739; 11-15-14747; 11-15-14757; 12-15-14767; 5-15-14066

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): 3-09-5494; 12-11-9332; 12-11-9333; 8-14-12994; 8-14-12995

Owner: Juan Mansur/Eva Gonzalez

Address: 10520 NE 6 Avenue

 

Mr. Carlos Lopez representing the owners, he has Power of Attorney. Mr. Lopez testified that the fines amount is too much they have raised the amount they are willing and able to pay to $9,000.00 and ask the Board for their consideration. The Board asked questions and made comments.

 

Motion: That upon receipt of $9,000.00 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): 11-14-13435; 11-14-13436

Owner: Romeo DeCandido & Monica Pappa

Address: 747 NE 94 Street

 

Attorney Desi Kellerman by Power of Attorney was present to represent the owners. The attorney testified that the violations occurred during the previous ownership. The Board asked questions. The attorney testified that he had forwarded the owners email stating that the violations where into compliance. Officer Flores confirmed that he had received it. The Board asked questions. The attorney testified that at the time of closing both issues were resolved. Officer Flores testified that he had closed the violations two or three weeks ago. Offer amended to $1,000.00.

 

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

Moved by Rod Buenconsejo, seconded by Barry Perl

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

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

No: Barry Asmus, Chairman Vickers

 

 


Case(s): 12-14-13545

Owner: Jessy Vinagre

Address: 189 NW 97 Street

 

Ms. Jessy Vinagre was present to testify. The Board advised Ms. Vinagre regarding personal information provided. Ms. Vinagre testified that she had been in touch with the Contractor regarding the permits without response. Ms. Vinagre testified that she got in touch with the Department of Business and Professional Regulations. This office conducted an investigation and proved that Ms. Vinagre had been victimized. She testified that the case is now in Tallahasse for further investigation. She testified that she had been talking to Officer Orta at all times. According to Ms. Vinagre she was informed that she had more time to comply. The Board asked questions. She testified that she found out about the lien in October 20, 2015. The Board asked questions. Officer Orta testified that he had never said that Ms. Vinagre was a great Landlord and they never spoke 33 times. Officer Orta testified that he had asked Ms. Vinagre to get a permit and had given her plenty of time. Ms. Vinagre testified that she never received the certified letter. The Board asked questions.


Failed for lack of Motion.

 

 
Case(s): 2-11-8131

Owner: Michelle Minagorri

Address: 901 NE 91 Terrace

 

Ms. Michelle Minagorri was present to testify. Ms. Minagorri testified that she bought the property in 2009 and moved in 2010. Ms. Minagorri testified that she bought the house in foreclosure and had construction done that took most of her money. The Contractor she hired disappeared with unfinished business. The Contractor closed the permit. Ms. Minagorri testified that she found out about the lien when she tried to refinance. Officer Flores testified that he had sent the letter informing the owner of the lien.

 

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 (Yes=5, No=1, Abstain=0)

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

No: Barry Asmus

 


Case(s): 8-11-8923; 3-08-3768

Owner: Citi Mortgage, Inc.

Address: 135 NE 98 Street

 

Ms. Amina McMill representing Citi Mortgage, Inc. was present. Mr. Hector Mendez on behalf of the Charity was present. Ms. McMill testified that the house was foreclosed. The owners did not comply with the county rules. Once the Bank owned the property they immediately took steps to bring into compliance. Ms. Macmill testified that they did so to get the house ready for a Buyer. There is no closing date set yet. The Board asked questions.

Offer amended to $10,000.00.

 

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

Moved by Patrick Huber, seconded by Bob Smith

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

Yes: Patrick Huber, Bob Smith, Chairman Vickers

No: Barry Asmus, Barry Perl, Rod Buenconsejo

 

 


Case(s): 3-13-11043; 7-15-14281; 7-15-14282; 7-15-14283

Owner: Manuela Merino

Address: 165 NE 109 Street

 

Ms. Manuela Merino was present to testify. Ms. Merino testified that she is currently facing financial hardship. She would like to settle these liens to be able to do a short sale on March 29, 2016. The Board asked questions.

 

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

Moved by Barry Perl, seconded by Patrick Huber

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

Yes: Patrick Huber, Bob Smith, Barry Perl, Chairman Vickers

No: Barry Asmus, Rod Buenconsejo

 


Case(s): 3-13-11116; 3-13-11118; 3-13-11119

Owner: 2620 Acquisitions

Address: 119 NW 110 Street

 

Jose Pereialy, Manager of 2620 Acquisitions was present to testify. Mr. Pereialy testified that they acquired this property in November 2012. The property was vandalized by the Tenant at that time. Mr. Pereialy testified that they did not begin the work without permits. The Board asked questions. Mr. Pereialy testified that the certified letters went to his Attorney. He denied knowing that the liens were running. The house has been vacant for three years. The property had no kitchen cabinets when they bought it. He had no idea about the lien process.   The Board asked questions.


The offer was amended to $2,500.00.

 

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

Moved by Patrick Huber, seconded by Rod Buenconsejo

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

Yes: Patrick Huber, Chairman Vickers

No: Bob Smith, Barry Asmus, Barry Perl, Rod Buenconsejo

 


Case(s): 12-11-9292

Owner: David Castaneda & Kara Castaneda

Address: 9525 NW 1 Court

 

Attorney Christopher Kelley was present to testify on behalf of the owners. Attorney Kelley testified that the lien happened under a prior owner by the name of ABA. ABA got foreclosed on and the Bank sold the property to the Castaneda’s. When his clients bought the property they were not told that the lien was in place. Attorney Kelley testified that on the Title Insurance the lien was listed as an exemption. The Attorney testified that David Castaneda had pulled permits and renovated the house. The Board asked questions. Attorney Kelley shows the Board members the closing paper where the lien exception was listed. According to Attorney Kelley the Castaneda’s are relocated and would like to sell the property. The Board made comments.

 

The offer was amended to 1,500.00.

 

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

Moved by Patrick Huber, seconded by Barry Perl

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

Yes: Patrick Huber, Bob Smith, Barry Perl, Chairman Vickers

No: Barry Asmus, Rod Buenconsejo

 


Case(s): 10-06-1251

Owner: Thomas Babil & Melissa Babil

Address: 1297 NE 103 Street

 

Attorney Christopher Kelley was present to testify on behalf of the owners. The Attorney testified that Mr. Babil bought the house and put the generator in. Attorney Kelley testified that Mr. Babil was not aware of the lien until he received a letter for the Administrative fee owed. When Mr. Babil came in to pay the administrative fee he found out about the lien. Attorney Kelley testified that Mr. Babil made a mistake and he is trying to correct it. The Board asked questions. Officer Flores testified that he never saw the generator working. The Attorney testified that Mr. Babil did not open the certified letter until 9 years later. The Board asked Attorney Ben Bean for advice. The Board asked questions.

The offer was amended to $2,500.00

 

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

Moved by Patrick Huber, seconded by Rod Buenconsejo

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

Yes: Patrick Huber, Bob Smith, Chairman Vickers

No: Barry Asmus, Rod Buenconsejo, Barry Perl

 

MINUTES

Minutes for February 4, 2016

Motion by Barry Asmus, seconded by Bob Smith

Passed Unanimously

 

Board members discussion took place regarding personal information and advising people on how to correct violations.

 

The Board extends their condolences for the passing of Mr. John Patnik.

 

Unity Day is this Saturday.

 

NEXT MEETING

The next meeting will be on April 7, 2016

ADJOURNMENT

March 3, 2016 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor          Robert Vickers, Chairman