LimeBike Memorandum of Understanding

Code Enforcement Meeting Minutes - October 5, 2017

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

 

  Thursday, October 5, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 5, 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, Robert Vickers, Kimberly Bruce, John Berryman, Rod Buenconsejo, Chairman Robert Smith.

 

 

Absent: Gladys Coia

 

 

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

 

 

Lazaro Remond, Code Compliance Manager

Mike Orta, Code Compliance Officer

Richard Sarafan, Village Attorney

Michael Bill, Assistant Attorney

Mariana Gracia, Clerk

 

 

 

FIRST HEARING

 

Summary Adjudication for 1stHearings: Case(s): 2-16-14865; 3-17-16289; 4-17-16337; 5-17-16414; 6-17-16513; 6-17-16608; 6-17-16624; 6-17-16625; 6-17-16638; 7-17-16700; 8-17-16758; 8-17-16759.

 

The officer, Lazaro Remond, 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 Robert Vickers

Vote: Motion passed 6-0

 

 

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings:Case #’s: 2-17-16209; 2-17-16210; 3-17-16294; 4-17-16318; 4-17-16319; 4-17-16320; 5-17-16440; 5-17-16442.

 

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 Robert Vickers, seconded by Patrick Huber

Vote: Motion carries 6-0

 

 

REQUEST FOR RELIEF 

 

 

Case(s): 11-13-12109; 8-14-13117

Owner: Eagle River Homes LLLP

Address: 274 NW 93 Street

 

 

Mr. Buzarowski from Eagle River Homes LLLP testified. He asked for the Board to consider his offer. He explained that the company had gone through a couple of Architects. He explained that they had been through there were permits in process at the time of the liens. Mr. Sarafan asked a couple of questions. Mr. Buzarowski testified that his goal is to get a new family to occupy the property. The Board asked questions. Mr. Buzarowski explained that they had some issues with the Contractors and later had to change Contractors and Engineers. He testified that overall they have lost 87,000.00. They bought the house in foreclosure. Mr. Sarafan said that if they bought with title insurance there might be options for Mr. Buzarowski to pursue. Mr. Buzarowski said he will try. Officer Orta concurs with Mr. Buzarowski’s testimony.

 

 

Motion: That upon receipt of $12,500.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion carries 5-1

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

No: Robert Vickers

 

 

Case(s): 4-08-3904, 11-16-16013, 4-11-8382, 2-12-9601, 4-11-8381, 4-08-3903, 3-11-8290

Owner:  U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust

 Address: 142 NW 103 Street

 

 

Tyler Mesner, Esquire was present and wished to testify. The Attorney testified that 6 of the 7 liens were extinguished by a foreclosure in which the Village was named. Mr. Mesner spoke at length about the foreclosure procedure naming different sections of the law that support extinguishing the six liens he mentioned. He feels that $20,000.00 is appropriate because according to him this is only for the seventh lien. He mentioned a quite title action that was not pursued due to the amount of the liens. Mr. Sarafan explains what Mr. Mesner is trying to say. The Board asked questions. Mr. Sarafan gave a brief explanation about what wiping out the liens at foreclosure means. Mr. Mesner states that the property is now being serviced by another company by the name of Caliber Loan Servicing and the retained Mr. Mesner’s law firm to resolve the issue with the liens. The house is listed at this time but due to the liens pending there is no contract. Officer Remond gives the listing amount in Zilo as $379,000.00. Mr. Sarafan said that the offer is not unreasonable. The Board asked questions. 

 

 

Motion:  That upon receipt of $20,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by John Berryman

Vote: Motion Passed 4-2

Yes: Patrick Huber, John Berryman, Kimberly Bruce, Chairman Smith

No: Robert Vickers, Rod Buenconsejo

 

 

Case(s): 9-16-15791 

Owner:Dale Stubbs

Address: 34 NW 95thStreet

 

 

Ms. Dale Stubbs was present and wished to testify. Ms. Stubbs testified that on September 14, 2016 Mr. Mike Orta gave her a courtesy notice to do the yard and clean her roof. She told Mr. Orta that she could not do the roof at the time. She testified that she told Mr. Orta that she would get the roof done when she gets her income tax refund. Ms. Stubbs said that Mr. Orta directed her to clean the front of the roof and she accepted. It was hard for her to find someone that was willing to clean just the front of the roof. She rented a pressure cleaner and she cleaned the front of the roof the same day. She provided a receipt for a January rental of the pressure machine. Mr. Sarafan took a look at the pictures, he points out that the pictures were taken in March. The Board reviewed the pictures. Officer Orta points to the picture to the back of the roof. Officer Orta testified that he did give her time to clean the back of the roof by the next meeting. The Roof was cleaned April 17, 2017. Mr. Sarafan asked a few questions.

 

 

Motion:  That upon receipt of $50.00 payable within 30 days that the lien be released.

Moved by John Berryman, seconded by Rod Buenconsejo

Vote: Motion carries 5-1

Yes: Robert Vickers, Rod Buenconsejo, John Berryman, Kimberly Bruce, Chairman Robert Smith

No: Patrick Huber

 

 

Case(s): 11-10-7875, 4-17-16357, 10-14-13391, 2-13-10918, 8-10-7604

 Owner: CitiMortgage, Inc.

Address: 338 NW 111 Terrace

 

 

Giselle Hernandez, Attorney for CitiMortgage was present to testify. The Board asked the reason for the proposed amount of actual costs. Ms. Hernandez explained that the amount would be higher than actual costs. Ms. Hernandez went over the liens and how they came about. She is here to settle this matter. The Board asked questions. Ms. Hernandez went over the reason why some of the cases took an extended amount of time to fix. Officer Remond testified that he had been in contact with Mr. Sheppard regarding the way they could come to comply. Officer Remond recommends $30,000.00 within 90 days. Chairman Smith makes a correction to the address on the Notice. 

 

 

Motion: That upon receipt of $30,000.00 payable within 120 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Motion passes 6-0

Yes: Patrick Huber, Robert Vickers, John Berryman, Rod Buenconsejo, Kimberly Bruce, Chairman Robert Smith.

                                                                                       

 

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

Owner:2620 Acquisitions LLC

Address: 119 NW 110 Street

 

 

Jose Perellades was present and wished to testify. He testified that they had been before the Board before. The owner had removed the kitchen cabinets before they took possession of the property. They had issues with the notification being sent to an old address. The property is now ready, there is a contract for a family for $418,000.00. Mr. Sarafan lets the Board know that there is certified mail in the file for proofs of delivery. The Board asked questions. Mr. Sarafan explained how the Village became aware of the violation. Mr. Perellades agrees with him.

 

 

Motion: That upon receipt of $6,500.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Kimberly Bruce

Vote: Motion carries 4-2

Yes: Patrick Huber, Robert Vickers, Kimberly Bruce, Chairman Robert Smith

No: Rod Buenconsejo, John Berryman

 

 

Case(s): 5-15-14048 

Owner:Cody Smith

Address: 94 NE 102 Street

 

Mr. Cody Smith was present to testify. He testified that he did not know that these meetings existed. He testified he traveled extensively. Mr. Smith testified that he has always complied on time. He did know he was cited and got in touch with the contractor. He was not aware of the lien until he came to deal with the problem with the contractor. He came into compliance in February 2003. He did not know that he had a $30,000.00 fine. He remodeled the whole house. He has a contract on the house. The contract sale for the house is $538,000.00. He accepts responsibility for not contacting the Village once he had complied. Officer Orta testified that he just asked for the outside of the house cleaned out. Officer Orta recommended $100.00 in 30 days.

 

 

Offered to pay $100.00 within 30 days. Offer failed due to lack of Motion.

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

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Motion carries 5-1

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

No: Robert Vickers

 

 

Case(s): 2-10-6693 

Owner:Elizabeth Page

Address: 95 NE 96 Street

 

 

Ms. Elizabeth Page was present and wished to testify. She stated that she was here back in July. She has lived here since 2007. Ms. Page thinks is crazy that there is a 70,000.00 lien on her house for a dirty roof. The Board asked questions. Ms. Page claims that she did not know about the lien until she received a notice. She explains that she has just gone through a Loan Modification with the Bank. The Board asked for supporting documents to close the case earlier so that the amount won’t be so high. Ms. Page states that it was so long ago that she does not remember. Her offer is $500.00 because that is all she can afford. 

 

 

Offered to pay $500.00 within 60 days. Offer failed due to lack of Motion.

BP Motion: That upon receipt of $1,700.00 payable within 120 days that the lien be released.

Moved by Chairman Smith, seconded by John Berryman

Vote: Motion carries 4-2

Yes: Patrick Huber, John Berryman, Kimberly Bruce, Chairman Robert Smith

No: Robert Vickers, Rod Buenconsejo

 

 

Case(s): 8-13-11678 

Owner:Alfredo Jidy

Address: 8745 NE 4 Avenue Road

 

 

Mr. Alfredo Jidy was present to testify. He testified that his son had been in the hospital for a while and was not able to take care of the violations. Mr. Jidy apologized for not taking care of the violation faster. The Board asked questions. Chairman Smith asked Mr. Jidy to be sure to have a permit to rent the house. 

 

 

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

Moved by Patrick Huber, seconded by John Berryman

Vote: Motion carries 6-0

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

 

 

Case(s): 4-16-15147 

Owner:Camilo Villegas & Victoria Calderon

Address: 1270 NE 97 Street

 

 

Ms. Victoria Villegas testified that this was a case of ignorance. There was remodeling done and some problems with the contractor. The cases were not cured until the permits were closed. Officer Remond stated that this was an after the fact permit. Once his son got involved things were resolved faster. The Board asked questions. Ms. Villegas testified that the house is vacant. She intends to live in the house in Miami Shores once completed. 

 

 

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

Moved by John Berryman, seconded by Patrick Huber

Vote: Motion carries 6-0

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

 

 

Case(s): 11-14-13494 

Owner:Marc Albert Illouz

Address: 10682 NE 11 Court

 

 

Mr. Marc Albert Illouz and Catherine Gallagher were present. Mr. Illouz testified that he did not follow up with the work because he was in France. The Contractor started the work without permits. The contractors were not getting the permits even-though Mr. Illouz was making the payments to the Contracctors.  Mr. Illouz testified that he was hospitalized for some time. The Contractors for the windows never ordered the windows and did not finish the work although they charged him. He is asking for relief in order to clear this issue. He testified that there was a squatter in his property while he was in France. He wants to live here in Miami Shores.

 

 

Motion:  That upon receipt of $5,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion carries 6-0

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

 

 

MINUTES

 

Minutes for August 3, 2017

 

 

Motion to approve minutes with correction, by Mr. Patrick Huber, seconded by Mr. John Berryman and the Motion passed 6-0

 

 

Mr. Sarafan spoke to the Board about the Sunshine law and how the Board should take this into account. Whispering to each other is not something you should do. Mr. Sarafan then introduced Michael Bill, Attorney at law who was with him observing at the meeting and could be coming back in the future. 

 

 

The Board looked at the calendars for next year and approved of them. 

 

 

Mr. Sarafan asked the Board to please call the Village Clerk about their reappointments to the Board. 

 

 

Mr. Buenconsejo expressed how thankful he is and spoke about his passion for serving in this Board, he would like to be back, but if I don’t , it has been great serving with you.

 

 

 

NEXT MEETING

The next meeting will be on November 2, 2017

 

 

ADJOURNMENT

October 5, 2017 Code Board meeting was adjourned 

 

________________________________                  _____________________________

Lazaro Remond, Code Enforcement Manager          Robert Smith, Chairman