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Code Enforcement Meeting Minutes May 5, 2016

CODE ENFORCEMENT BOARD MEETINGMINUTES

  Thursday, May 5, 2016

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 5, 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, Manny Quiroga, Chairman Robert Vickers.

Absent: Barry K. Asmus,

 

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

Aaron S. Blynn, Attorney

Mariana Gracia, Clerk

 

 

 

FIRST HEARING

Case:  3-15-15073

Owner: Marisa Osborn, Debra Kobel

Address: 9414 NW 2 Avenue

 

Lawrence Kimler renter for the address in violation was present and wished to testify. Officer Orta testified that the Occupational License has not yet been obtained.  Mr. Kimler did not agree that there was a violation. The Board decided that this case would be included in with the rest of the Notices of Violation.

 

Case: 3-15-15073

Owner: Marisa Osborn, Debra Kobel

Address: 9414 NW 2 Avenue

 

Mr. Lawrence Kimler testified that he had no problem laying down sod to remedy the violation. Officer Flores testified that he had spoken to Mr. Kimler about the violation. The Board asked questions and commented on the fact that the owner should be the one here. Officer Orta testified that the property was posted. The Village Attorney said that the renter had no authority to be here on behalf of the owner. The Board decided to include this case with the rest of the Notices of Violation.

 

Case(s): 10-15-14722

Owner: Dennis Kane

Address: 73 NW 98 Street

 

Mr. Dennis Kane was present and wished to testify. Officer Orta testified that the violation of damaged sidewalk will be fixed by Public Works if our trees caused the damage. In this case it is the homeowner’s responsibility. Officer Orta testified that Mr. Kane had contacted Mr. Benton regarding the damaged sidewalk. Mr. Kane was not in agreement with the Villages position that the repair to the sidewalk was the homeowner’s responsibility. The Board explains to Mr. Kane that this is the homeowner’s responsibility. The Board asked questions and made comments regarding the sidewalk.   

 

Motion: With respect to case 10-15-14722 I move for finding of fact in conclusion of law that there exists a violation of code section 20-31 of the Miami Shores Village Code the offending party shall correct the violation within 90 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 $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 Barry Perl, seconded by Manny Quiroga

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

Yes: Patrick Huber, Barry Perl, Manny Quiroga, Rod Buenconsejo, Chairman Vickers

No: Robert Smith

 

Summary Adjudication for 1stHearingsCase(s): 10-15-14629; 10-15-14659; 10-15-14699; 10-15-14723; 2-16-14886; 2-16-14899; 2-16-14977; 2-16-14978; 2-16-14979; 3-16-14993; 3-16-15004;3-16-15023; 3-16-15024; 3-16-15026; 3-16-15072; 3-16-15073;3-16-15102; 3-16-15103; 3-16-15104; 3-16-15105; 3-16-15108; 3-16-15110; 4-16-15112; 4-16-15119.

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 Patrick Huber

Motion: Passed Unanimously

 

 

 

 

PENALTY HEARING

 

 

 

No one present for this hearing.

 

Summary Adjudication for Penalty Hearings:Case #’s: 12-15-14764; 2-16-14965; 2-16-14972; 3-16-15027; 3-16-15030; 3-16-15033; 3-16-15047; 3-16-15065; 7-15-14345; 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 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 Patrick Huber

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. Attorney Dutton testified that he is here about the address on 2000 NW 93rdStreet, Miami, FL. He is assisting Mr. Leroy Wilson in liquidating this property. Attorney Dutton is requesting a partial release on this property. He testified that Ms. Wilson had brought the property into compliance fairly quickly. Attorney Dutton testified that he would like to get this matter resolved. The Board asked questions. Officer Orta testified that Ms. Wilson is doing her best to maintain the home. 

 

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

Moved by Patrick Huber, seconded by Robert Smith

Vote: Failed (Yes=5, No=2, Abstain=0)

Yes: Patrick Huber, Robert Smith

No: Manny Quiroga, Barry Perl, Rod Buenconsejo, Chairman Vickers

 

Motion:  That upon receipt of $500.00 in 30 days that the lien on property located at 2000 NW 93rdStreet, Miami, FL 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, Manny Quiroga

No: Rod Buenconsejo, 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 bring the house under compliance. Mr. Annicchiarico testified that he had a squatter in the house. He testified that he had spent a lot of money bringing the house under compliance. The Board asked questions and made comments. Officer Flores testified that there was a different program that houses under a lot of distress can qualify. But that this house does not meet these parameters.  The Board asked questions. Mr. Annicchiarico testified that he had applied for permits sometime last year. He testified that he was under a lot financial distress.

 

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

Moved by Manny Quiroga, seconded by Patrick Huber

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

Yes: Manny Quiroga, Patrick Huber, Robert Smith

No: Barry Perl, Rod Buenconsejo, Chairman Vickers

 

 

 Case(s): 7457; 7459; 9-06-1205

Owner: Alix J. Louis

Address: 161 NW 108 Street

 

Mr. Louis testified that he is in a very tough financial position right now. The Board asked questions.

Mr. Louis amended his offer to 5,000.00 even though it is very hard for him to come up with this amount.

 

Motion: That upon receipt of $5,000.00 payable within 90 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, Robert Smith, Barry Perl, Chairman Vickers

No: Manny Quiroga, Rod Buenconsejo

 

 

Case(s): 2-15-13712

Owner: Eckert Insurance Group Inc.

Address: 581-585 NW 113 Street

 

Ms. Nubia Eckert was present and wished to testify. Her testimony is that she had a renter who did not abide by the Code. Ms. Eckert said that she had brought the house under compliance as soon as she removed the renter from the property. She recognizes she should have removed the renter from her property sooner than she did. Officer Flores agreed with Ms. Eckert’s testimony. The Board asked questions. Officer Flores testified that Ms. Eckert had bought the house and this house was under distress. 

 

Motion: That upon receipt of $650.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Passed Unanimously

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

 

 

Case(s): 4-09-5683; 4-09-5686; 5-11-8561; 10-09-6470

Owner: Travels & Rentals

Address: 37 NW 108 Street

 

Maria Diaz testified that she bought the house even though this house was under distress. Mr. Diaz testified that his wife convinced him to buy the house and there were many renovations to be done. Everything in the house was changed. Mr. Diaz testified that they had put all of their money into renovating the house. They plan to live there with their family. Officer Flores testified that they did not cause any of these issues. The Board asked questions. 

 

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

Moved by Patrick Huber, seconded by Manny Quiroga

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

Yes: Patrick Huber, Bob Smith, Manny Quiroga, Chairman Vickers

No: Barry Perl, Rod Buenconsejo

 

 

Case(s): 5-15-14052; 4-15-13874; 4-15-13875

Owner: Magda Salgado

Address: 86 NW 109 Street

 

Ms. Salgado and Mr. George Nunez were present. Ms. Salgado testified that they had bought the house under foreclosure. The liens started after they bought the property. The Board asked questions. Ms. Salgado testified that they were very involved in their jobs and inside their home and did not take notice of the outside of the house. The Board asked questions. The amount proposed is $250.00 in 30 days. 

 

Failed for lack of Motion.

 

Case(s): 7-08-4492; 7-08-4493; 2-10-6757; 9-12-10422

Owner: Katherine Castellon

Address: 456 NE 102 Street

 

Ms. Katherine Castellon was present and testified that she is the one to blame for these liens. She testified that she was just going to let the house go. Her engagement with her boyfriend was broken. She was going to let the house go until recently that she got into a new program and is now able to keep her home. She testified that she had left her job to do her MBA. She is not selling and she just got approved for the new program. She testified that her credit was affected by this. She wants to resolve because she does not want to have this hanging over. Officer Flores testified that Ms. Castellon did not take care of her house and it was a constant issue, the house was an eye sore to the neighbors. The Board asked questions and made comments. 

 

Offer amended to $2,000.00 payable in 90 days.

 

Failed for lack of Motion.

 

 

MINUTES

 

Minutes for April 7, 2016

There was a correction to the minutes. Will be corrected and voted on June 2, 2016 Meeting. Motion by Mr. Huber, seconded by Mr. Buenconsejo and the vote was unanimous in favor of the Motion.

 

NEXT MEETING

 

The next meeting will be on June 2, 2016

 

ADJOURNMENT

 

May 5, 2016 Code Board meeting was adjourned 

 

________________________________            _____________________________

Anthony Flores, Code Enforcement Supervisor                          Robert Vickers, Chairman