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Code Enforcement Meeting Minutes-August 6, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES

 

   Thursday, August 6, 2015

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 6, 2015, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

Roll Call.

Present: Rod Buenconsejo, Barry Perl, Barry Asmus, John Patnik, Robert Smith, Manny Quiroga, 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, Officer, Code Enforcement

Jesus M. Suarez, Deputy Village Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

 

Summary Adjudication for 1st Hearings: Case(s): 11-13-12100; 3-15-13796; 4-15-14010; 5-15-14027; 5-15-14030; 5-15-14045; 6-15-14107; 6-15-14174; 6-15-14175.

 

The officer, Mike 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 Manny Quiroga, seconded by Robert Smith

Motion: Passed Unanimously

Yes: Rod Buenconsejo, Barry Perl, Barry Asmus, Robert Smith, John Patnik, Manny Quiroga, Robert Vickers.

 

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings: Case #’s: 12-14-13545; 7-14-12920.

 

The officer, Mike 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 Smith, seconded by Barry Asmus

Vote: Passed Unanimously

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

 

 

REQUEST FOR RELIEF

 

Case(s): 7-10-7454

Owner: Arlette Levros & Vincent Levros

Address: 117 NW 103rd Street

 

Vincent Levros was present to testify. He testified that he was not the person living in the house; this was his mother’s house until she passed away. The people living there were had been there until 6 months ago. He said that he found out that there was a lien on the property by chance only two or three months ago. The Tenants did not tell him about anything regarding the lien. The Board asked questions.

 

Motion: I move that upon receipt of $1,250.00 payable within 30 days that the lien be released.

Moved by Robert Smith, seconded by Barry Perl

Vote: Passed (Yes=4, No=3, Abstain=0)

Yes: Barry Perl, Robert Smith, Manny Quiroga, Robert Vickers

No: Barry Asmus, John Patnik, Rod Buenconsejo

 

 

Case(s): 4-10-7046

Owner: Andrea Coulton Ganes & Craig Ganes

Address: 10669 NE 10 Place 

 

Andrea Coulton Ganes was present to testify. She states that this is her third time in front of the Board and continues by claiming that this is a case of not being properly notified. Ms. Ganes continues by saying she had spoken to Mr. Flores back in 2006 briefly on the phone. She testified that she had no idea of the lien. Also, her water bill has tripled since re-sodding of her lawn. The Board asked questions and made comments. She says that she was completely unaware of this lien until she spoke to Code Enforcement recently when she was told that Code Enforcement tried to contact her by certified mail but were unsuccessful. The Board asked if she had seen the posting on her house. Ms Ganes says she did not see the posting on her door. She said that she had looked at the file in January of 2015.

 

Motion: Motion that upon payment of $4,000.00 payable within 90 days that the liens be released.

Moved by Barry Perl, seconded by Robert Smith

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

Yes: Barry Perl, Bob Smith, John Patnik, Manny Quiroga, Robert Vickers

No: Barry Asmus, Rod Buenconsejo

 

 

 Case(s): 6-14-12775; 6-14-12774; 3-12-9750; 11-13-12106; 3-09-5525

Owner: SMP Real Estate Advisory

Address: 597 NE 93 Street

 

Sandra Leijtems was present on behalf of the owner by POA. Council advises the Board. Ms. Leijtems testifies that she is willing to increase her offer. They bought the property in foreclosure back in May 2013 the liens were taken care of with the exception of cases: 3-09-5525 and 3-12-9750. She said that the owners do not live here and that they hired a contractor that they actually ended up changing due to the fact that he was not performing his duties. She testified to the nature of the business SMP Real Estate Advisory is in which is investing in the US. The Board asked questions. Mr. Smith disclosed what he had seen as to the nature of the construction done to the house to his disappointment the art deco feature of the house was completely gone. Ms. Leijtems blames this to the old contractor. The Board asked questions. Officer Orta testified that SMP had improved the property. Ms. Leijtems further says that there is a pending sale of the house as soon as these liens are taken care of. She says that she is not aware of the selling price.

 

Motion: Motion that upon payment of $8,000.00 payable within 30 days that the liens be released.

Moved by Rod Buenconsejo, seconded by Barry Perl

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

Yes: Barry Perl, Robert Vickers

No: Bob Smith, Manny Quiroga, John Patnik, Barry Asmus, Rod Buenconsejo 

 

 

Case(s): 4-13-11144

Owner: Michele Batista & Iraima Flores

Address: 6 NW 107 Street

 

Michele Batista was present to testify. Ms. Batista said that they just found out about the lien since becoming owners in March of 2015. When they went to pull permits they found out about the violation.   The violation was cured by Mr. Roberto Martin co-owner of the property. Ms. Batista testified that they are in the deed of the property and will purchase the property next year. The Board asked questions. Mr. Jesus Suarez, Deputy Village Attorney clarifies that Mr. Martin, Michele Batista and Iraima Flores are on the deed of the property. They have an arrangement for this transaction. The Board asked for clarification regarding the permits from 2013. Ms. Batista said that she found out about the lien when she was pulling permits for work to be performed. The Board expresses concerns about the permit that is included in the RFR packet. Mr. Asmus clarifies what this permit isn’t for. The only permit the Board sees is the one for the fence. The Board asked to table the matter until next hearing for the Officer in charge of this case to be present. The Board discusses further. The Board decides to vote now.

 

Upon payment of $500.00 payable within 30 days that the liens be released.

No Motion made

Vote: Failed for lack of Motion

 

 

Case: 1-13-10765; 3-10-6841

Owner: Stephen Pierre

Address: 544 NW 112 Street

 

Reverend Jack Saint Louis was present to testify on behalf of Mr. Stephen Pierre. Rev. Saint Louis requested to testify on behalf of Mr. Pierre due to a language barrier. Rev. Saint Louis testified that Mr. Pierre had told him that when he received the request to make the repairs he didn’t have any money due to the mortgage being very high. The Reverend testified that Mr. Pierre is going through financial hardship. Rev. Saint Louis said that Mr. Pierre did not know about the letters therefore he did not follow up with the Village after curing the violations. The Board asked questions. Rev. Saint Louis said that Mr. Pierre had come to his office and showed him the liens. The Reverend then called Code Enforcement to find out what was going on. The Board asked questions. Rev. Saint Louis testified that Mr. Pierre was not understanding of how to deal with the city. The Reverend offers to ask his small congregation to pitch in in order to make the payment. Mr. Smith acknowledges having known the Reverend for some years and that this property is in the annexed area.   The Board asked questions. The Reverend and Mr. Pierre spoke in Creole.

 

Motion: I move that upon receipt of $600.00 payable within 120 days that the lien be released on the property.

Moved by Robert Smith, seconded by Barry Perl

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

Yes: Robert Smith, Robert Vickers

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

 

 

Case: 9-13-11809; 9-13-11808

Owner: Elite Home Partners LLC

Address: 9400 NW 2 Avenue

 

Nestor Marin, manager of Elite Home Partner LLC was present to testify. Mr. Marin says that they were never informed of any of the notices. They did find out when they came to the city and were informed that all notices were sent to Federal National Mortgage. As soon as they found out they were proactive in resolving the matter. They believe that if they would have been notified they would have taken care of it the next day. The Board asked questions. Mr. Marin responds that they took possession of the property in October of 2013. Their testimony is that they never received proper notice. The Board asked questions. Mr. Marin responded that when they took possession of the house in 2013 they did due diligence and got all the permits. Mr. Vickers states that the violations were not cured until July of 2015 almost two years later. Mr. Marin testified that they had never really dealt with the city before therefore they did not know how to proceed. Officer Orta testified that the house was a bit of an eye sore. He also said that he did see a lot of activity once this company became involved. The Board asked questions. Mr. Marin re-iterates that they were not aware of the liens until about two or three weeks ago. Miguel Soto testified that Tropical Realty was the listing agent to Fannie Mae.

 

Motion: I move that the amount of $2,500.00.00 payable within 30 days that the lien be released on the property.

Moved by Robert Vickers, seconded by Robert Smith  

Vote: Denied (Yes=3, No= 4, Abstain= 0)

Yes: Manny Quiroga, Robert Smith, Robert Vickers

No: Barry Asmus, John Patnik, Barry Perl, Rod Buenconsejo

 

 

Case: 11-11-9210; 11-09-6540

Owner: Shapiro, Fishman & Gache, LLP for Federal National Mortgage Association

Address: 1139 NE 105 Street

 

Jennifer Barnett, Attorney for the current owner Fannie Mae was present to testify. Welser Torres future owner after we have the closing tomorrow. The Attorney testified that this property was foreclosed with a different law firm. The homeowner at the time kept delaying the foreclosure. Fannie Mae finally got title April 2015. The city was not named in the foreclosure they are not exactly why. As soon as they became aware of the liens the violations were closed within a week of finding out. The Board asked questions. Attorney Jesus Suarez gave a brief summary of why these liens are still pending. Mr. Asmus asked questions to the new buyer.

 

Motion: I move that upon payment of $7000.00 payable within 30 days that the liens on this property be released

Moved by Rod Buenconsejo, seconded by Barry Perl    

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

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

No: Barry Asmus, John Patnik

 

 

Case: 7-10-7351

Owner: Mark & Darlene Hutchinson

Address: 9125 N. Bayshore Drive

 

Daniel Santa Colon, Realtor was present to testify on behalf of the owners. Mark & Darlene Hutchinson were present to testify if need be. Mr. Santa Colon testified that his clients purchased the house in July 2015 and assumed all of the violations on the property which was a foreclosure.   All the violations transpired under previous ownership. He testified that the owners of the property are here in good faith and quickly submitted the Request for Relief. The Board asked questions. Mr. Santa Colon answered that the title company had originally said they would take care of the liens but they went back on their word prior to closing. He said that the Hutchinson’s had already sold their previous home and were ready to purchase this new one. The Board asked questions. Mr. Santa Colon testified that the Bank had come back and said that the Hutchinson’s would have to assume the lien. Officer Orta testified that the property has Lot K attached to it and they are responsible to maintain and pay the taxes for this Lot also. 

 

Motion: I move that upon receipt of $500.00 payable within 30 days that the liens on this property be released

Moved by Robert Smith, seconded by Rod Buenconsejo    

Vote: Denied (Yes=3, No= 4, Abstain= 0)

Yes: Robert Smith, Manny Quiroga, Robert Vickers

No: Barry Asmus, John Patnik, Barry Perl, Rod Buenconsejo

 

 

Case: 9-10-7617; 9-10-7618

Owner: 4G Capital LLC

Address: 10151 NE 14th Avenue

 

Rosa Baez was present to testify on behalf of 4G Capital LLC. Ms. Baez testified that they did not know about the lien until after they purchased the property. She said that 4G Capital LLC was an investing company. The Board asked questions. The Board brings up the question of why there was a higher offer in 2014. Ms. Baez did not have an answer. The Clerk provides the name of the person that had made the previous offer as being Jorge Lopez. Ms. Baez did not know who this was. The Board asked who the current owner is. Ms. Baez said that the house is owned by a different company by the name of Carbonell. Attorney Jesus Suarez advises the Board as to the POA presented and how the Board should proceed. The Board asked questions. Ms. Baez responds that she works for 4G Capital LLC as an interior decorator. The house is not currently for sale, they are waiting for permits. The Board asked questions. Board discussion takes place. The offer was amended to $2,600.00.

 

Motion: I move that upon receipt of $2,600.00 payable within 30 days that the liens on this property be released

Moved by Rod Buenconsejo, seconded by Robert Smith    

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

Yes: Manny Quiroga, John Patnik, Robert Smith, Barry Asmus, Rod Buenconsejo

No: Barry Perl, Robert Vickers

 

 

Case: 2-09-5416

Owner: Lucky 13 Home Investments, Inc.

Address: 3 NE 110 Street

 

Richard Hector and David DiPuglia were present to testify. Their capacity in the company is that both are property owners and general contractor. The property was purchased under foreclosure and Miami Shores was listed in the list pendings. Mr. DiPuglia testified that their company does full remodeling of properties after they purchase them. He said that they are a little tight with the funds and they took into consideration what other Municipalities around accept to make their offer. They testified that they took possession of the house in June of 2013. The Board asked questions. Attorney Jesus Suarez responds.   Mr. Barry Perl commented on the fact that he was pleased with what had be done with the property. The Board asked questions. Mr. DiPuglia testified that they would like to take care of this sooner rather than later. Officer Orta testified that this company does a great job with the properties they own. Board discussion takes place. Mr. DiPuglia testifies that they actually do a great job compared to other companies in this business.

 

Motion: I move that upon receipt of $3,500.00 payable within 30 days that the liens on this property be released

Moved by Rod Buenconsejo, seconded by Manny Quiroga    

Vote: Passed (Yes=6, No= 1, Abstain= 0)

Yes: Manny Quiroga, John Patnik, Robert Smith, Rod Buenconsejo, Barry Perl, Robert Vickers

No: Barry Asmus

 

 

Case: 7-10-7350

Owner: Steven Shulman

Address: 471 NE 101 Street

 

Steven Shulman was present and was sworn in at this time. Mr. Shulman proceeded to read the statement he had submitted with the Request for Relief. The Board asked questions. Mr. Shulman continues to read from the statement provided. Chairman Vickers requested to let Mr. Shulman finish with his statement. The Board tells Mr. Shulman that the statement has been read already, that he might be losing momentum by reading it verbatim but proceed. Mr. Shulman tries to summarize his statement. Mr. Shulman states that he had come in to see Mr. Benton regarding this issue. Once he found out what he needed to do to resolve this issue he did it. The Board asked how long did it take from opening the permit to closing the permit. Mr. Shulman refers to his statement to provide the dates. The Board asked how many days it took. Mr. Shulman said four days. Mr. Vickers recollects the issue with the cameras and the position he had stated at the time of the violation. Further, he states that the issue is that Mr. Shulman had constructed something permanent in his home. Mr. Shulman says that the reason he did not do anything until this time he was doing a Reverse Mortgage was because he was never informed that he had a lien accruing fines. Attorney Jesus Suarez refers to the Board that he had an opportunity to confer with Mr. Sarafan who wanted to apologize to the Board and Mr. Shulman for not being here personally. However, they did have an opportunity to review the records and Attorney Suarez was present at the meeting where the violation was adjudicated and a lien was imposed. After reviewing the minutes they reflect that Mr. Shulman was also here at the time that the Board found that there was a violation and a lien was imposed on April of 2011. Attorney Suarez states that it has been the opinion of the legal department that the security cameras that were installed were an alteration in excess of $100.00; and that the violation that caused this lien was for the failure to obtain a permit for that work which could have been corrected at any period of time by obtaining the permit and closing it out.   The Board spoke to Mr. Shulman. Mr. Shulman responds. The Board asked questions and discussed the issue. Mr. Shulman amended his offer to $250.00. The Board asked questions about Reverse Mortgage. Board discussion took place. Attorney Suarez gave his legal advice to the Board. Mr. Shulman asked a question. Attorney Suarez responds to his question and clarified how we got here.

 

Motion: I move that upon receipt of $500.00 payable within 90 days that the liens on this property be released

Moved by Barry Perl, seconded by John Patnik    

Vote: Passed (Yes=4, No= 3, Abstain= 0)

Yes: John Patnik, Robert Smith, Barry Asmus, Barry Perl

No: Manny Quiroga, Rod Buenconsejo, Robert Vickers

 

Board Members discussion.

 

MINUTES

Code Enforcement Board July 2, 2015 Amended minutes were approved.

Moved by Barry Asmus -   Seconded by Manny Quiroga

Approved unanimously

 

NEXT MEETING

The next meeting will be on September 3, 2015

 

ADJOURNMENT

August 6, 2015 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                   Robert Vickers, Chairman