LimeBike Memorandum of Understanding

Code Enforcement Minutes - December 6, 2018

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

 

  Thursday, December 6, 2018

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 6, 2018, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

 

Roll Call.

Present:Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Chairman Robert Smith.

Absent: Ms. Gladys Coia, Mr. Rod Buenconsejo, and Mr. 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

Richard Sarafan, Village Attorney

Lazaro Remond, Code Compliance Director

Michael Orta, Code Compliance Officer

Mariana Gracia, Code Enforcement Clerk

 

 

FIRST HEARING

Case # 019615-2018

Salvatore Investments Inc.

128 NE 94 Street

 

 

Mr. Alberto Esbarra was present and wished to testify. He agrees that there is a violation. Officer Lazaro Remond explained that Mr. Esbarra understands the violation.

 

Public comment:

 

Mr. Brian Curt – Testified that he has the misfortune to live across the street from this construction site. He states that this has been a nightmare. The construction starts at 6:30 AM. He states that he has called the police at least a dozen times and nothing. There was a brief back and forth between Mr. Curt and Mr. Esbarra. Mr. Curt complains that the construction workers blast music.

 

Public comment ends.

 

The Board asked questions to Mr. Esbarra. Mr. Esbarra explained that he is not aware of any loud music since the issuance of this violation. He complained about an A/C unit at another house that made loud noise.

The Board asked questions to Staff. Officer Remond made a recommendation to the Board and explained how things had transpired. Officer Remond said that this violation issued after the police wrote a report and a visit to the site by Code made.

The Chair recommended to Mr. Esbarra to keep watch of his workers and how this could be a problem for the neighbors. 

Mr. Sarafan clarified as to what the Board’s options are as far as the motion is concerned.

 

 

I move that we find that a violation did occur and that at a second violation be chargedat a higher penalty and an Administrative fee of $50.00 be assessed at this time by Mr. Ronnie Guillen, seconded by Ms. Darci Cohen and the vote passed 4-0

 

 

The Board asked Mr. Sarafan for a brief explanation as to how the Village determines the Administrative fee. Mr. Sarafan briefly explained.

 

 

Case # 019628-2018

Eric Afflerbach

146 NE 98 Street

 

 

Mr. Afflerback agrees that his yard needs maintenance. Officer Mike Orta testified that he had spoken to Mr. Afflerbach and had concluded that Mr. Afflerbach’s idea of low maintenance is no maintenance of his landscape. Officer Orta testified that there has been attempts to bring the property into compliance but that it has not happened. Officer Orta showed pictures of the property’s landscape he took recently. Mr. Afflerbach testified that he had a landscape company come to this property to trim up as recently as a month ago. Mr. Afflerbach’s said that he was not satisfied with their work. Mr. Afflerbach explained how the landscape he chose grows and how he has been working with Urban Habitat to get it look at its best. The idea is to plant native plants and for it to be low maintenance. Officer Orta explains that the landscape needs attention and he has been working with Mr. Afflerbach to get this done. Officer Orta explains that the landscape needs a neat trimming and for dead vegetation to be picked up.The Board asked questions. Mr. Sarafan attests that the Code has extensive provision regarding this type of landscape. He then asked questions regarding how long it would take Mr. Afflerbach to bring the property into compliance. Mr. Afflerbach said that he is able to bring the property into compliance in 60 days as Mr. Sarafan had suggested. Officer Remond gave an explanation as to what the Code expects of Mr. Afflerbach as far as the landscape keeping is concerned. Discussion took place at this time about the landscape and the maintenance.

 

 

Motion:With respect to case019628-2018, I move for finding of fact and conclusion of law that there exists a violation of the Miami Shores Village Code. The offending party shall correct all the violation within 60 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. Cost in the amount of $50.00 per each case is hereby assessed to recoup the Village expenses in prosecuting the violation to this day. Moved by Mr. Patrick Huber, seconded by Ms. Darci Cohen and the vote passed 4-0

 

 

Case # 019612-2018

Miguel Garrocho

130 NE 97 Street

 

 

Mr. Omar Granda was present on behalf of the owner by power of attorney. Mr. Granda agrees that a violation exists. He is in the process to correcting the violation.Staff would like to give them an extension of 90 days. The Board asked questions. Mr. Granda said that the garage is now a storage. Staff is recommends to table the item for 90 days.

 

 

Motion by Mr. Patrick Huber for 90 days continuance, seconded by Mr. Ronnie Guillen and the vote passed 4-0

 

 

Summary Adjudication for 1stHearings:Case(s): 7-17-16677; 8-18-18333; 019477-2018; 019581-2018; 019583-2018; 019584-2018; 019585-2018; 019586-2018; 8-18-18248; 019504-2018; 019617-2018.

 

 

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 Mr. Patrick Huber, seconded by Mr. Ronnie Guillen

Vote: Motion was approved 4-0

Mr. Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Chairman Robert Smith.

 

 

 

PENALTY HEARING

Summary Adjudication for Penalty Hearings:Case #’s: 3-18-17432; 7-18-18181; 8-18-18331;

1-18-17285.

 

 

The officer, Lazaro Remond, 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 Mr. Patrick Huber, seconded by Ms. Darci Cohen

Motion carries 4-0

Mr. Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Chairman Robert Smith.

 

 

REQUEST FOR RELIEF

 

Cases:5-15-14052; 4-15-13874; 4-15-13875

Magda Salgado

86 NW 109 Street

 

 

Ms. Magda Salgado and Mr. George Nunez were present to testify. Ms. Salgado testified that they had a lot going on at the time of the violation. She testified that they were before the board previously. Ms. Salgado wishes to settle this matter to put this behind. The Board asked questions.

 

 

Motion: Motion to accept the amount of $3,000.00 payable in 30 days to satisfy all the liens made by Mr. Patrick Huber, seconded by Ms. Darci Cohen and the Motion passed 4-0.

 

 

Motion: That upon receipt of $3,000.00 payable within 30 days that the liens be released.

Moved by Mr. Patrick Huber, seconded by Ms. Darci Cohen

Vote: Motion Passed 4-0

Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Chairman Robert Smith

 

 

Cases: 4-16-15148; 8-17-16876

Duplex 900 LLC

1060 NE 105 Street

 

 

Mr. Patrice Simon, Managing member for Duplex 900 LLC. Mr. Simon testified that they were not aware that there were violations when they purchased the property. They did not have full understanding as to the process for the permitting. They were the owners when the violations occurred. Mr. Sarafan made some comments. The Board asked questions. Mr. Simon would like to hold on to the property for a bit more in order to recoup some funds and then sell. Staff provided information as to the permitting that Duplex 900 LLC applied. The Board made comments.

 

 

Motion: That upon receipt of $8,000.00 payable within 120 days that the liens be released.

Moved by Mr. Patrick Huber, seconded by Ms. Darci Cohen

Vote: Motion Passed 4-0

Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Chairman Robert Smith.

 

 

MINUTES

Minutes for November 1, 2018

Motion to approve the November 1, 2018 minutes made by Mr. Patrick Huber, seconded by M. Ronnie Guillen, and the Motion passed 4-0.

 

 

DISCUSSION:

Mr. Sarafan thanked Chairman Smith for his service to the Village and he is now going now to many years of service to the County, Mr. Sarafan would like to be the first to congratulate him.

Chairman Smith thanked Mr. Sarafan and expressed how much he will miss this Board. He announced that he is now a Board Member for the County’s Historic Preservation Board.

Mr. Sarafan updated the Board on the Motel case and the status thereof.

 

 

NEXT MEETING

The next meeting will be on February 7, 2019

 

 

ADJOURNMENT

 

 

December 6, 2018 Code Board meeting adjourned.

 

 

________________________________                                    _____________________________

Lazaro Remond, Code Compliance Director                           Robert Smith, Chairman