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Code Enforcement Minutes - July 6, 2017

CODE ENFORCEMENT BOARD MEETINGMINUTES

  Thursday, July 6th, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 6th, 2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

Roll Call.

Present: John Berryman, Kimberly Bruce, Gladys Coia, Rod Buenconsejo, Chairman Robert Smith.

Absent: Patrick Huber, 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

Lazaro Remond, Code Compliance Supervisor

Mike Orta, Code Compliance Officer

Attorney Omar Bradford, Acting Village Attorney

 

 

FIRST HEARING 

Summary Adjudication for 1stHearings: Case(s):1-17-16149; 1-17-16152; 1-17-16153; 1-17-16154; 1-17-16155; 3-17-16297; 4-17-16329; 4-17-16350; 4-17-16378; 5-17-16387; 5-17-16389; 5-17-16415; 6-17-16509.

 

 

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. Buenconsejo, seconded by John Berryman

Vote: Motion passed unanimously

 

 

Request for Relief

 

 

Case 8-16-15682

766 NE 95 Street

Mr. Brian Thomas was present to testify. Mr. Thomas testified that he is in completely aware that violation is present at the property. He stated that all he is looking for is more time to be afforded to him to complete the project. He added that he has finished three of the four walls. He asked for 14 days to comply. He was advised by the Code Compliance Supervisor that a permit to paint is no longer needed. 

 

Motion to extend 30 days to comply.

Motion made by Mrs. Coia

Seconded Mr. Buenconsejo

Motion Passed Unanimously

 

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 11-16-16014; 11-16-16053; 1-17-16148; 1-17-16151; 3-17-16269; 3-17-16281.

 

 

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. Buenconsejo, seconded by John Berryman

Vote: Motion carries unanimously

 

 

 

REQUEST FOR RELIEF 

Case(s): 11-13-12105; 2-10-6693

Owner: Elizabeth Page

Address: 95 NE 96thStreet

 

 

Mrs. Page stated that she had paperwork concerning a modification to her loan due to hardship. She distributed the paperwork to the Board members to review. She added that all the violations were addressed. Officer Orta confirmed the compliance. Mrs. Page informed the Board that she is not interested in selling the property. She is trying to keep her home, but cannot afford more than $500.00 as an offer. The Code Enforcement Board discussed the affects that blight has on community as it pertains to property values. Mrs. Page was adamant that she cannot afford it.

Motion: Request failed due to lack motion. No Board Members Voted. Request Denied.

 

 

 

Case(s): 2-14-12370

Owner: Marie Inattendre Pierre

Address: 540 NW 113 Street

 

 

Mrs. Pierre was called to the stand. Mrs. Pierre’s daughter, Noah Pierre, testified for her mother. She stated that the violations given to the property were not justified because of lack of service. The Board inquired with the Code Compliance Supervisor to verify service. Proof was provided in the form of signature from resident named N. Romain via certified mail. Mrs. Noah Pierre stated that she did not know the individual. It was explained by the Code Supervisor and the Village Attorney that service was obtained. Mrs. Pierre then explained that the reason it was not completed was because a contractor started the job, but did not finish the job. She said that contractor left with their money. During the discussion of the contractor, it was noted that Mrs. Pierre also rents the property and that she will need a Business Tax Receipt from the Village. It is a Duplex located in the newly annexed areas of Miami Shore. The Board asked Mrs. Pierre how much she would like to offer and she said $1.00, but that she could offer $500.00.

 

 

Motion: Request failed due to lack motion. No Board Members Voted. Request Denied.

 

 

Mrs. Pierre insisted on getting another opportunity to increase the amount. She stated that she wants to get rid of the liens in order to move on. She stated that she handles all of her mother’s financial dealing and that she has to drive from Orlando to Miami every time to deal with these types of issues. She asked that it be taken into account. Officer Remond explained that he met with Mrs. Pierre prior to the meeting and stated that he would recommend to the board a fair amount based on the facts of the case. He stated that an acceptable amount would be $1000.00 payable within 30 days. The Board asked the Village Attorney if this could be done based on travel time and the inconvenience of having to come from Orlando. The Village Attorney stated that it is to their discretion to allow for a second offer even though it is typically not done. The request was moved to be voted on for the new amount by Mrs. Pierre of $1000.00.

 

 

Motion: That upon receipt of $1000.00 payable within 30 days the lien will be released.

Moved by Mr. Berryman, seconded by Mrs. Coia.

Vote: Motion passed unanimously.

 

 

 

Case(s): 1-13-10785

Owner: 144 NE 99 Street LLC

Address: 144 NE 99 Street

 

 

Mr. Jacob Francis was present to testify. Mr. Jacobs was accompanied by Mr. Licthman. They stated they were the owners of the property. They explained that they bought the property in order to assist a friend who was the prior owner. They stated that they are aware of the fines and would like the Board to accept the offer of $8,000.00. The board asked if the property is for sale and the Mr. Jacobs stated that it is currently not for sale, but it will be for sale in the near future once an issue with the title is resolved.

 

 

Motion: That upon receipt of $8,000.00 payable within 30 days that lien will be released.

Moved by Mr. Buenconsejo and seconded by Mrs. Coia

Vote: Motion passes unanimously.

 

 

MINUTES

Minutes for June 1st, 2017

Motion to approve minutes by Mr. Berryman, seconded by Mrs. Coia. Motion passed unanimously.

The board discussed the process to apply for the relief. Officer Remond explained that all request include a meeting with the Department head, in order to discuss the violations and the present conditions of the property. Mr. Berryman asked the Village Attorney if this is extortion. Officer Remond stated that he only discusses the facts of the case and the prior recommendation at prior hearings. In the event an offer amount is not satisfactory with the Department, he would recommend against it. He also reiterated that is solely at the discretion of the Board and if the Board decided it needed to be increased or decreased we would follow suit. Officer Remond also explained that he does not write in the offer amount, but that the applicant fills out the paperwork. The Village Attorney and the Board discussed the positive outcome of allowing the owners of 540 NW 113 Street give a second offer.

 

 

NEXT MEETING

The next meeting will be on August 3rd, 2017

 

 

ADJOURNMENT

July 6th, 2017 Code Board meeting was adjourned 

________________________________                         _____________________________

Lazaro Remond, Code Enforcement Supervisor            Robert Smith, Chairman