LimeBike Memorandum of Understanding

Code Enforcement Meeting November 2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, November 6, 2014

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 6, 2014, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 pm. by Vice Chairman, Barry Perl.

 

DUE TO TECHNICAL ERROR AN AUDIBLE RECORDING IS NOT AVAILABLE FOR THESE MINUTES.

 

Roll Call.

Present: Barry Asmus, John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo, Barry Perl

 

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

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Benjamin Bean, Acting Village Attorney

 

FIRST HEARING

 

Case 1-14-13230

Name: Caroline Gold JTRS

Address: 803 NE 99 St

Code Sec. 6-4(a)

 

Attorney Mark Gold was present representing homeowner.  Code Officer Mike Orta gave his summary of the case.  Mark Gold denied the violation and proceeded to question Mr. Orta on the scope of his work.  Mr. Orta then questioned Mr. Gold on the photos (evidence) submitted, Mr. Gold would not comment on the evidence. The Board then questioned Mr. Orta and Mr. Gold. Mr. Gold proceeded to ask more questions to Mr. Orta.  The Board then interrupted Mr. Gold’s questioning to gather the reasoning behind his questions.  Vice Chairman Perl then limited Mr. Gold’s questioning to five more minutes.  Mr. Gold objected to the limit of time and began asking his questions.  At the end of the five minutes Vice Chairman Perl stopped Mr. Gold’s questions.  The Board then discussed the case.

 

Motion: With respect to case 1-14-13230 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations by December 3rd, 2014 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 and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 per violation a day thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Bob Smith, seconded by Manny Quiroga

Vote: Passed Unanimously

 

CASE 7-14-12920

Name:  Alvin Velasco

Address:  749 NE 95th Street

Code Sec. 6-4(a)

 

Alvin Velasco was present.  Code Officer Mr. Mike Orta gave a summary of the case.  The Board then asked Mr. Orta and Mr. Velasco questions.  The Board then discussed the case.  Vice Chairman Perl then asked for a motion. 

Motion: With respect to case 7-14-12920 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 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 and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 per violation a day thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date. 

 

Moved by Rod Buenconsejo, seconded by Barry Asmus

Vote: Denied 3-3(Yes: Rod Buenconsejo, Barry Asmus, John Patnik; No: Bob Smith, Manny Quiroga, Barry Perl)

 

Motion: With respect to case 7-14-12920 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations by December 2nd, 2014 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 and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 per violation a day thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Rob Buenconsejo, seconded by Barry Asmus

Vote: Passed Unanimously

  

Summary Adjudication for 1st Hearings: Case(s): 10-14-13229; 10-14-13230; 10-14-13231; 10-14-13359; 3-14-12473; 4-14-12603; 5-14-12659; 7-14-12880; 7-14-12905; 7-14-12918; 7-14-12920; 7-14-12929; 7-14-12930; 7-14-12958; 8-14-13006; 8-14-13033; 8-14-13034; 8-14-13041; 8-14-13049; 8-14-13084; 8-14-13093*; 8-14-13094*; 8-14-13095; 8-14-13096; 8-14-13097; 8-14-13098; 8-14-13113; 9-14-13169; 9-14-13180.

  

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, except for cases 8-14-13093 and 8-14-13094 the fine shall be $100.00 a day. 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 Asmus

Motion approved unanimously

  

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings: Case #’s: 4-14-12557; 4-14-12571; 4-14-12595; 5-14-12641; 6-14-12777; 6-14-12778; 7-14-12932; 7-14-12933; 8-14-12993; 8-14-12994; 8-14-12995; 8-14-13002; 8-14-13003; 8-14-13008; 8-14-13010; 8-14-13012.

 

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 Rod Buenconsejo

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case(s): 10-09-6391

Owner: William Burgeson

Address: 1618 NE 105 Street

 

Mary Louise Burgeson was representing her late son, William Burgeson. Vice Chairman Perl gave a summary of the case. Ms. Burgeson gave an explanation as to what occurred during the remodeling of the kitchen and why the permits expired. The Board then asked some questions. Ms. Burgeson explained that the property was for sale and they expected to close November 11, 2014. Ms. Burgeson amended her offer to $5,000.00 payable within 45 days.

 

Motion: $5,000.00 payable within 45 days

Moved by Barry Asmus seconded by Rod Buenconsejo

Vote: 6-0 Approved Unanimously

 

Case: 4-13-11205

Owner: B & L Realty

Address: 144 NW 105 Street

 

Attorney Eric Stein representing the homeowner was present. Vice Chairman Perl gave a summary of the case. Mr. Stein then presented their case as they did not own the property at the time of the violation. Mr. Stein explained that his client invested a large amount of money remodeling the property. The Board then asked questions. Mr. Asmus then questioned why the homeowner’s name on the application was different than what he found on public records (Dade County property appraiser web site). Mr. Stein gave an explanation. The Board asked several more questions. Mr. Stein amended his offer to $2,000.00 payable within 5 days. Offer fails for lack of Motion.

 

Case: 3-11-8274; 3-11-8277

Owner: Patrick Lubin & Laremise Movestine

Address: 11121 NW 6th Avenue

 

Patrick Lubin & Laremise Movestine were present. Vice Chairman Perl gave a summary of the cases. Ms. Movestine explained what occurred with the violations. The Board asked several questions. Ms. Movestine amended her offer to $6,000.00 payable within 30 days.

 

Motion: $6,000.00 payable within 30 days

Moved by Bob Smith seconded by Manny Quiroga

Vote: 3-3 Denied (Yes = 3; No = 3)

Yes: Bob Smith, Manny Quiroga, Rod Buenconsejo

No: Barry Asmus, John Patnik, Barry Perl

 

Case: 1-14-12209

Owner: Fannie Mae

Address: 68 NW 93rd Street

 

Daniel and Kristen Adsit were present representing the bank and as the future homeowners. Vice Chairman Perl gave a summary of the case. Daniel Adsit explained their intentions to buy the property. The Board asked several questions. Mr. Adsit offered to pay $1,200.00 after closing. The Board then discussed the offer.

 

Motion: $1,200.00 payable after closing on this property only by Daniel and Kristen Adsit.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Approved Unanimously 

 

Case 8-09-6019; 12-07-3347; 12-073348; 10-12-10498

Owner: Cherie Montanez-Perez

Address: 9310 Biscayne Blvd.

 

Attorney Michael Greenberg was present representing Ms. Cherie Montanez-Perez.  Vice Chairman Perl gave a summary of the cases.  Mr. Greenberg proceeded to give an explanation of the cases.  He also explained that the property was in foreclosure and Ms. Montanez was trying to keep the house.  The Board asked several questions. Mr. Greenberg amended his offer to $14,000.00 payable within 90 days. 

 

Motion: $14,000.00 payable within 90 days

Moved by Barry Asmus, seconded by Bob Smith

Vote: 2-4 Denied (2 = Yes; 4 = No)

Yes: Barry Asmus, Bob Smith

No: John Patnik, Manny Quiroga, Rod Buenconsejo, Barry Perl

 

Case 2-08-3720

Owner: Alexander & Gwendolyn Zaldivar

Address: 1200 NE 94 Street

 

Mr. Alexander Zaldivar was present.  Vice Chairman Perl gave a summary of the case.  Mr. Zaldivar gave an explanation of the violation, at the time of the violation Mr. Zaldivar and his tenant relationship deteriorated and Mr. Zaldivar was not made aware of the notifications sent to the property.  The Board asked several questions.  Mr. Zaldivar amended his offer to $2,000.00 payable within 30 days.

 

Motion: $2,000.00 payable within 30 days.

Moved by Barry Asmus, seconded by Manny Quiroga.

Vote: 6-0 Approved Unanimously

 

Case 5-13-11439

Owner: Oscar and Suellen Sastoque

Address: 9716 NE 5th Avenue Road

 

Vice Chairman Perl Recused himself from this case.  Mrs. Sastoque was present and Mr. Perl gave a summary of the case.  Ms. Sastoque briefly explained what occurred during the permit process and her contractor.  She explained she was not aware that the generator needed to be moved.  Barry Asmus recounted the events at the penalty stage and clearly remembered telling Mrs. Sastoque that the location of the generator was in question.  The Board asked several more questions. Mrs. Sastoque offered $915.00 payable within 7 days.

   

Motion: $915.00 payable within 7 days

Moved by Rod Buenconsejo, seconded by Manny Quiroga

Approved (yes =   4, no = 1 )

Yes: Rod Buenconsejo, Manny Quiroga, John Patnik, Bob Smith

No: Barry Asmus

 

  

       Case: 3-13-11010; 3-13-11011

Owner: Fannie Mae

Address: 295 NE 104 Street

 

Realtor Luis Padilla was representing Fannie Mae.  Vice Chairman Perl gave a summary of the cases.  Mr. Padilla gave a brief explanation of the violations that occurred with the previous homeowner, who lost the property in foreclosure.  Ms. Annette DiTommaso the potential Buyer was in attendance.  Mr. Padilla explained how much Ms. DiTommaso wanted the live in the property and without owning it cured the last open violation.  The Board asked several questions to Mr. Padilla and Ms. DiTommaso.  Ms. DiTommaso stated that her children were enrolled in a private school in Miami Shores and was eager to move in.  Mr. Padilla offered $2,000.00 payable after closing.

 

Motion: $2,000.00

Moved by  Barry Asmus, seconded by Barry Smith

Approved Unanimously (6-0)

 

 

Case:  2-08-3503; 7-12-10149

Owner:  Madison Bradley Holding, LLC

Address:  141 NE 104th Street

 

Mr. Andres Fortuna was there representing Madison Bradley Holdings, LLC.  Vice Chairman Perl gave a summary of the cases.  Mr. Fortuna gave an explanation of the violations and that they were not the owners at the time of the violations.  They purchased the house on foreclosure and upon closing proceeded to remodel property with permits.  He also explained why he had to put the house under a corporate name rather than under his name.  The Board asked several questions.  Mr. Fortuna explained some more work needed to be done before he moved in and amended his offer to $3,000.00 payable within 45 days.

 

Motion:  $3,000.00 within 45 days

Moved by Rod Buenconsejo, seconded by Manny Quiroga

Approved: 5-1 (5 = Yes, 1 = No)

Yes:  Rod Buenconsejo, Manny Quiroga, Bob Smith, John Patnik, Barry Perl.

No:  Barry Asmus

 

 

MINUTES

Code Enforcement Board October 2014 minutes were approved.

 

Moved by Manny Quiroga seconded by Barry Asmus

Approved unanimously

 

NEXT MEETING

The next meeting will be on December 4, 2014

 

ADJOURNMENT

November 6, 2014 Code Board meeting was adjourned

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                   Barry Perl, Vice Chairman