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Code Enforcement Minutes for February 6,2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, February 06, 2014

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 06, 2014, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman, Barry Perl.

 

Roll Call.

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

 

Absent: Chairman Robert Vickers

 

In Attendance

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING

 

Case: 9-13-11878

Owner: William Cauza

Address: 270 NE 105th St.

Violations: Code Sec: 12-133; Unsightly Fascia, Soffit, House Exterior

 

Sergio Peralta was present as POW for owner, owner does not dispute violation. Code officer Anthony Flores gave background of violation and after an inspection, Officer Flores stated there was an attempt to paint but work was not completed and needs to be redone. Mr. Cauza is elderly and received several courtesy notices and has worked on issues on property. Board asked how much longer owner will need to remedy violation. POW was reviewed by Attorney.

 

 

MOTION: With respect to case(s): 9-13-11878 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-133 of the Miami Shores Village Code. “The offending party shall correct all such violations by March 05, 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 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 Manny Quiroga, Seconded by Barry Asmus

Motion passed unanimously.

 

 

Case: 5-13-11439

Owner: Oscar and SueEllen Sastoque

Address: 9716 NE 5 Avenue Road

Violations: Code Sec: 6-4(a); Unauthorized Construction/Expired Permit(s)

 

Vice Chairman Barry Perl recuses himself from case because he is employed by violator.

 

Mrs. Sastoque agrees there is a violation and is in process with building department to pull a permit for generator installed on property. Code officer Anthony Flores stated the generator is in the setback and she will need to meet with P&Z in order to try and keep generator in area where it is currently placed. Staff recommends board give 60 to 90 days to complete process. Board asked questions regarding when courtesy notice date was issued and staffed stated it was given in May of 2013. Chair asked how much time she would need to cure violation and response was 60 days, which is April 3rd, 2014. Mr. Asmus asked why case took so long to appear before board and code officer stated he spoke to Mr. Sastoque and because of their work that is mostly concentrated in the summer months out of the state, he gave them some time to fix problem.

 

MOTION: With respect to case(s): 5-13-11439 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 April 02, 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 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 Manny Quiroga, Seconded by Rod Buenconsejo.

 

Discussion by board regarding time frame given to property owner. Board members comment that violation is not an eyesore.

 

Vote: Motion passed. (Summary: Yes = 4, No = 1, Abstain = 0).

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

No: Barry Asmus,

 

 

Case: 11-13-12119

Owner: IH2 Property Florida L P

Address: 143 NW 110 St.

Violations: Code Sec: 20-17; Property owners responsibility regarding parkway.

Violations: Code Sec: 536 (a) / 537 (a)(1)(2)(3)

 

Regional President, Senior Vice President Roman Pavlik was present on behalf of IH2 Property Florida L P

Code officer gave summary of violation which is landscaping is deteriorated and overrun with weeds. They need to remove weeds and re-sod swale and front yard. Mr. Pavlik looks at pictures presented to board and agrees there is a violation. Mr. Pavlik requests 30 days to cure violation.

 

MOTION: With respect to case(s): 11-13-12119 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 20-17; 536 (a) / 537 (a)(1)(2)(3) of the Miami Shores Village Code. “The offending party shall correct all such violations within 27 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 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 Manny Quiroga, Seconded by Rod Buenconsejo.

Motion passed unanimously

 

 

Case: 11-13-12133

Owner: IH2 Property Florida L P

Address: 124 NE 110 St.

Violations: Code Sec: 12-133; Unsightly Fascia, Soffit, House Exterior

Violations: Code Sec: 6-4(a); Unauthorized Construction/Expired Permit(s)

 

Regional President, Senior Vice President Roman Pavlik was present on behalf of IH2 Property Florida L P

Code officer gave summary of violation which is dirty roof and house painted without a permit.Mr, Pavlik agrees there is a violation and requests an extension to March 05, 2014. Code officer states there are no issues with color painted and will be approved by staff.

 

MOTION: With respect to case(s): 11-13-12133 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-133; 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations within 27 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 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 Manny Quiroga, seconded by Buenconsejo.

Motion passed unanimously

 

Case: 1-14-12198

Owner: IH2 Property Florida L P

Address: 52 NW 111 Street

Violations: Code Sec: 14-17 (a) (b) (c)

 

Regional President, Senior Vice President Roman Pavlik was present on behalf of IH2 Property Florida L P

Code officer gave summary of violation which renting home without a license and they need to see village clerk and obtain license and update mailing address. Mr. Pavlik agrees there is a violation and requests a deadline of March 05, 2014.

 

MOTION: With respect to case(s): 11-13-12133 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 14-17 (a) (b) (c) of the Miami Shores Village Code. “The offending party shall correct all such violations within 27 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 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 Rod Buenconsejo

Motion passed unanimously.

 

Case: 8-13-11752

Owner: Peter and Frances Walsh

Address: 504 NE 101 Street

Violations: Code Sec: 12-133; Unsightly Fascia, Soffit, House Exterior

 

Code officer states violation is exterior of house needs to be painted. Mr. Walsh needs to obtain a permit and paint exterior of house. Mr. Walsh agrees there is a violation and will need about 60 days because contractor is busy for the next four weeks. Board asks for staff’s recommendation and staff stated 60 days.

 

 

MOTION: With respect to case(s): 8-13-11752 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-133 of the Miami Shores Village Code. “The offending party shall correct all such violations by April 02, 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 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 Manny Quiroga, seconded by Rod Buenconsejo

Motion passed unanimously.

     

Summary Adjudication for 1st Hearings:

Case #’s: 10-13-11897; 10-13-11972; 10-13-11999; 10-13-12010; 10-13-12062; 10-13-12074; 10-13-12079; 11-13-12112; 11-13-12114; 11-13-12115; 11-13-12145; 12-13-12172; 2-13-10926; 3-13-11068; 3-13-11074; 5-13-11426; 7-13-11629; 8-13-11710; 8-13-11794; 8-13-11800.

 

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

Exception of case 12-13-12187- repeat order requested.

 

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 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, which will constitute a lien on the property of the violator. 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 Buenconsejo.

Motion approved unanimously.

 

MOTION: With respect to case(s): 12-13-12187 I move for a finding of fact and conclusion of law that a violation existed of Section(s) 501 (19) (a) of the Miami Shores Village Code. “The offending party has corrected the violation and if it should repeat it should be treated as a repeat offense. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Manny Quiroga, seconded by Barry Asmus.

Motion passed unanimously.

 

 

 

 

PENALTY HEARINGS

 

Case: 11-13-12119

Owner: IH2 Property Florida L P

Address: 143 NW 110 St.

Violations: Code Sec: 518 (2)

 

Code officer gave summary of case which is unlawful fence material; slats on fence. Regional President, Senior Vice President Roman Pavlik was present on behalf of IH2 Property Florida L P and was not aware of violation he stated office relocated and possibly did not receive notice. Board discusses possible time frame to cure violation. Board asks when courtesy notice was given and staff stated in October.

 

Motion- Move penalty date to Saturday, Feb. 8, 2014 as the compliance date.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Motion passed unanimously.

 

 

Case: 11-13-12120

Owner: IH2 Property Florida L P

Address: 143 NW 110 St.

Violations: Code Sec: 6-4(a)

 

Code Officer Flores stated violation is for unauthorized construction, exterior doors replaced and kitchen remodel done without permits. Mr. Pavlik mentioned that there are different contractors and was not aware they did not pull permits. Board asked why it has taken four months to comply. Mr. Pavlik stated the company moved a couple of times to find a permanent space and notices were probably not given to the correct party to cure in time. Staff stated the company is not very responsive. Mr. Pavlik requests 60 days to cure violation.

 

Motion: With respect to case 11-13-12120 expect the violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against the violator as prior order of the board and retroactive to the date the violation should have been corrected. That upon recording the boards order in this regard will constitute a lien against the violator.

Moved by Barry Asmus, seconded by Manny Quiroga.

Motion passed unanimously.

    

Case: 3-13-11012

Owner: Everett and Joan Severy

Address: 9860 NE 5 Avenue Road

Violations: 5-21; Pet Limitation & Control

 

Mr. Severy and his sister were present and stated they did get rid of cats and are down from 11 to 4. All kittens are gone as well and are in compliance. Code officer stated that he saw 7 cats on property and owner stated the other cats are not his but not stay on property. Staff stated smell of feces and urine is great. Water bowls and food bowls are outside and garage door has access to inside. Mr. Quiroga asked if there are neighbors to testify on behalf. No neighbors present. Case was established in March 2013. Mr. Severy found homes for other 7 cats.

 

Motion: With respect to case 3-13-11012 expect the violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against the violator as prior order of the board and retroactive to the date the violation should have been corrected. That upon recording the boards order in this regard will constitute a lien against the violator.

Moved by Barry Asmus, seconded by John Patnik

 

Discussion about time frame they have previously given and comments made by Mr. Severy. Mr. Quiroga agrees with Mr. Asmus but motion will probably not get results requested by board. Daily fine will give incentive. Board asked staff to possibly involve Dade county animal services but staff stated Dade County is overwhelmed with cats and is not responsive.

Vote: Motion passed. (Summary: Yes = 4, No = 1, Abstain = 0).

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

No: Barry Perl.

 

 

Case: 6-13-11449; 6-13-11566; 6-13-11567; 6-13-11568; 6-13-11569; 6-13-11570; 6-13-11580

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 12-82 ; Nondwelling Structures & Fences

 

Mr. Wells stated he fixed violations. Board states Mr. Orta does not agree that violations are cured. Mr. Orta stated Mr. Wells wrote an email on Monday, January 6, 2014 and Mr. Orta responded to email and asked about going to property and never received a response.

Attorney states code officer cannot get access to property and asked Mr. Wells to grant access to property. Mr. Wells will make it available to have Mr. Orta meet at property.  

Barry Asmus, reminded Board of statement Mr. Wells made about Home Depot and that company has been hired to replace door and work to be completed is out of Mr. Well’s hands.

Attorney Richard Sarafan gave statement that he would like board to make decision on best possible evidence of presented and would like staff to have access to property for inspection. Mr. Wells and staff should bring in all of proof of compliance or non-compliance.

 

Motion: With regards to cases 6-13-11449; 6-13-11566; 6-13-11567; 6-13-11568; 6-13-11569; 6-13-11570; 6-13-11580 move that cases be continued to the March 6, 2014 with the condition grant access to the code office Mike Orta no later than February 13, 2014 to determine compliance.

Moved by Bob Smith, seconded Manny Quiroga

Vote: Motion failed. (Summary: Yes = 3, No = 3, Abstain = 0).

Yes: Bob Smith, Manny Quiroga, Barry Perl.

No: Barry Asmus, John Patnik, Rod Buenconsejo,

 

 

Motion: Move with respect to all the cases on the Enforcement Order agenda pertaining to property 29 NW 99 Street the penalties previously adjudicated be imposed.

Moved by Barry Perl, seconded by John Patnik.

Vote: Motion passed (Summary: Yes = 5, No = 1, Abstain = 0).

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

No: Manny Quiroga

 

 

Summary Adjudication for Penalty Hearings:

Case #’s: 10-13-11905; 10-13-11908; 10-13-11926; 10-13-12020; 10-13-12022; 11-13-12091; 11-13-12105; 11-13-12109; 2-13-10945; 6-13-11484; 6-13-11500- 7-13-11621; 7-13-11665; 9-13-11809.

 

 

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 Rod Buenconsejo , Seconded by Quiroga.

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case: 2004-04942; 2-09-5450; 6-09-5866

Owner: Biscayne 88 Terrace LLC

Address: 650 NE 88 Terrace

 

Christopher Kelley was present on behalf of owner and stated owner has tenants at property and received mail and informed tenant but tenant did not respond. Board asked questions regarding compliance and owners responsibility. Board asked about location and ownership date was in 2004. Legal staff and staff recommend approval. Final Offer to pay $15,000 and pay within 7 days.

 

Motion: Move to accept offer payable in 7 days.

 

Moved by Rod Buenconsejo, seconded by Manyy Quiroga

Vote: Motion passed. (Summary: Yes = 4 , No = 2, Abstain = 0).

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

No: Barry Asmus, John Patnik.

 

Case: 2-11-8146; 6-11-8621

Owner: Curt Dyer and Bruce Bender

Address: 726 NE 92 St. 8L

 

Mr. Bender and Dyer were present and stated they never received letters because city had wrong address. Attorney states NOV was signed and received yet owner did not appear at meeting. Enforcement Order was not signed or claimed. Mr. Bender and Mr. Dyer stated they had a lot of problems with condo association and achieving compliance was very hard because city was requesting one thing to cure violation and condo association was not allowing remedy. Mr. Bender states that there is an impending sale for his father’s property and needs liens to be removed. Offer to pay $1000 payable within 30 days. Attorney Sarafan gives feedback about well documented paperwork and problems that existed. Also advises owners that on certain occasion’s board have made motions to accept an x amount of dollars to release one property and keep liens in place for Miami Shores property.

 

Motion: Move to accept the offer of $1000 payable within 30 days.

 

Moved by Rod Buenconsejo, seconded by Bob Smith.

Vote: Motion failed. (Summary: Yes = 3 , No = 3, Abstain = 0).

Yes: Bob Smith, Manny Quiroga, Rod Buenconsejo.

No: Barry Asmus, John Patnik, Barry Perl.

 

 

21495 SW 213 Avenue Road.

 

Motion: Upon receipt of $1000 payable within 30 days release lien on 21495 SW 213 Avenue Road and remainder to remain on all other properties that this might affect including property in Miami Shores.

 

Moved by Manny Quiroga, seconded by Rod Buenconsejo

 

Vote: Motion passed (Summary: Yes = 4 , No = 2, Abstain = 0).

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

No: Barry Asmus, Barry Perl.

 

 

Case: 4-10-6985; 7-10-7344

Owner: Fannie Mae

Address: 218 NW 92 ST.

Attorney Mitchell E. Monroe was present as representative for Fannie Mae. Board asked questions regarding compliance. Property is for sale and appraised at $159,000.00. Offer to pay $10,000 payable within 30 days.

 

Motion: Accept offer of $10,000 payable within 30 days.

Moved by Manny Quiroga, moved by Rod Buenconsejo

Vote: Motion passed unanimously (Summary: Yes = 6 , No = 0, Abstain = 0).

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

 

 

Case: 5-13-11318

Owner: Arthur McDevitt

Address: 68 NW 100 St.

 

Mr. McDevitt was present and was not aware of liens in place for an expired permit and house is being sold. Board asked questions regarding sale amount. Staff recommends approval. Offer to pay $200 payable within 10 days.

 

Motion: Approve offer of $200 payable within 30 days.

Moved by Bob Smith, seconded by Manny Quiroga

 

Vote: Motion passed (Summary: Yes = 4 , No = 2, Abstain = 0).

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

No: Barry Asmus, Rod Buenconsejo.

 

 

Case: 12-11-9270; 2-13-10896

Owner: Shores Square Properties LLC

Address: 9031-9069 Biscayne Blvd.

 

Mr. George DeLaRosa was present as property manager and stated one permit was open when property was purchased and they closed permit. Second permit was closed and later opened after error from building department. Offer of $2500 payable within 15 days

 

 Motion: Accept offer of $2500 payable within 15 days.

 

Moved by Barry Asmus, seconded by Bob Smith.

 

Vote: Motion passed (Summary: Yes = 5 , No = 1, Abstain = 0).

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

No: Barry Perl.

 

 

Case(s): 8-09-6128

Owner: Joan Rosenberg

Address: 9816 N Miami Avenue

 

Ms. Rosenberg was present and stated she was not notified of violation. House was in process of foreclosure and no tenant to forward mail. Obtained title after foreclosing on a mortgage and property is now in compliance. Board asked questions regarding previous offer made. Offer to pay $500 within 15 days.

 

No motion made.

 

 

Case: 7-10-7417

Owner: Java Holdings

Address: 580 NE 106 St.

 

Shane Garber was present as owner of property and he cured violation after purchasing property. Board asked questions regarding compliance and timeframe. Permit was pulled on September 25, 2013 and closed December. Property was purchased as a short sale and fixed property prior to closing. Would like to fix home but cannot get additional financing because of lien. Offer to pay $2000 payable within 15 days

 

Motion: Accept offer of $2000 payable within 15 days.

 

Moved by Rod Buencosnssejo, seconded by Manny Quiroga

Vote: Motion passed (Summary: Yes = 4, No = 2, Abstain = 0).

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

No: Barry Asmus, John Patnik,

 

 

Case: 9-12-10339

Owner: Raquel Montenegro

Address: 961 NE 96 St.

 

George Ferrera was present as owner of property and stated he was not living at the property and ex-wife thought by obtaining permit to paint exterior of home she was fixing violation. Mrs. Montenegro came to Village to renew permit and then found out about lien and Mr. Ferrera painted home in one day and closed permit. Property is not for sale and is homestead by one owner. Offer to pay $1500 within 60 days.

 

Motion: Accept offer of $1500 payable within 60 days.

Moved by Manny Quiroga, seconded by Rod Buenconsejo.

 

Moved by Rod Buencosnssejo, seconded by Manny Quiroga

Vote: Motion passed (Summary: Yes = 4, No = 2, Abstain = 0).

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

No: Barry Asmus, John Patnik.

 

Case: 9-13-11837

Owner: Ronald Tempkin

Address: 42 NW 106 St.

 

Mr. Tempkin was present and stated that after the courtesy notice was issued to re-sod front yard and swale they contacted staff and informed that weed and feed was placed and needed an extension. Code officer Flores did not grant extension. Property is a rental property and owner never visits property. Board asked staff regarding other violations. Offer to pay $350 payable within 10 days.

 

Motion: Accept offer $350 payable within 10 days.

Moved by Rod Buenconsejo, Manny Quiroga.

Vote: Motion failed (Summary: Yes = 1, No = 5, Abstain = 0).

Yes: Rod Buenconsejo.

No: Barry Asmus, John Patnik, Bob Smith, Manny Quiroga, Barry Perl.

 

Motion: Approve December minutes.

Moved by Barry Asmus, seconded by John Patnik.

Motion approved unanimously.

 

 

 

 

 

NEXT MEETING

The next meeting will be on March 06, 2014

 

ADJOURNMENT

February 06, 2014 Code Board meeting was adjourned at 10:00 p.m.

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