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Code Enforcement Minutes - June 7, 2018

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

  Thursday, August 2, 2018

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 2, 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. Robert Vickers, Mr. Rod Buenconsejo, Ms. Kimberly Bruce, Mr. Patrick Huber, Chairman Robert Smith.

 

Absent: Ms. Gladys Coia, Mr. Ronnie Guillen.

 

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 Secretary

 

FIRST HEARING

 

Case # 5-17-16411

Yina Hurtado

10916 NW 2 Avenue

 

Ms. Yina Hurtado and David Villegas were present and wished to testify. Ms. Hurtado testified that they had a problem with the structure of their house. The Engineer told them that the project will take some time to complete. Officer Lazaro Remond testified as to the violation. Ms. Hurtado is not sure as to how much longer they need to fix the case. Officer Remond recommended 30 days to comply and testified as to the violation from what he could see from the public right of way. Mr. Villegas testified that the Engineer was working on the plans. The Board asked questions. The Board asked to look at the pictures.

 

Motion:With respect to case5-17-16411, I move for a 6 months extension to correct the violation. 

 

Motion by Mr. Patrick Huber

Seconded by Mr. Robert Vickers

The Motion was approved 5-0

 

Summary Adjudication for 1stHearings:Case(s): 12-17-17167; 3-18-17562; 3-18-17563; 4-18-17580; 4-18-17581; 4-18-17586; 5-18-17822; 5-18-17827; 5-18-17828; 5-18-17829; 6-18-17955; 6-18-17971; 6-18-18017; 6-18-18020.

 

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

 

Discussion took place about case #5-17-16472 what is the hazardous condition. Mr. Orta said that it is the sidewalks in disrepair. Case #3-18-17483 what is the unsightly house exterior. Mr. Remond explained the violation detail.

 

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. Robert Vickers

Vote: Motion was approved 5-0

 

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

 

PENALTY HEARING

Case: 4-18-17644

Jerrett Jenkins JTRS

173 NE 107 Street

 

Mr. Martin Bosas the tenant for this property was present and wished to testify. He said that he needs more time to remove the shed. He need to talk to the owner to do this. Officer Remond testified that the garbage has been remove.The shed needs to be remove. The board asked questions.

 

Motion to table until next meeting by Mr. Robert Vickers.

Seconded by Mr. Huber

Motion passed 5-0

 

Summary Adjudication for Penalty Hearings:Case #’s: 3-18-17529; 3-18-17532; 3-18-17533; 3-18-17534; 3-18-17536; 4-18-17609; 5-17-16472; 8-17-16815.

 

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 Mr. Rod Buenconsejo

Vote: Motion carries 5-0

 

REQUEST FOR RELIEF

 

Case(s): 8-12-10296; 4-14-12487; 4-14-12488; 11-16-16015; 8-14-13113

Owner: The Bank of New York Mellon Trust Company c/o SPS

Address: 298 NE 91 Street

 

Attorney Steven B. Greenfield was present. Attorney Richard Sarafan disclosed that he had known Attorney Greenfield for a long time. Attorney Greenfield says that these liens were extinguished at foreclosure. That the only fees due are the utilities fees and attorney fees due to Mr. Sarafan. Mr. Sarafan made some clarifications regarding this case. Mr. Sarafan supports a reasonable amount to release this property. The Board asked questions. Attorney Greenfield testified that his client took title in September 2017 and the violations were cured in March of the following year.Mr. Sarafan gave a brief explanation as to how the violations are, sometimes not noticed right after the Bank takes title. Mr. Greenfield testified that the house is on contract for sale. The Board asked questions. Mr. Sarafan clarified that the final offer of $10,500.00 is to pay off the utility bill and the attorney fees owed to him, the remainder funds will go towards the Code liens.

 

Motion: That upon receipt of $10,500.00 payable within 30 days that the liens be released.

Moved by Ms. Kimberly Bruce, seconded by Mr. Huber

Vote: Motion Passed 3-2

Yes: Ms. Kimberly Bruce, Mr. Patrick Huber, Chairman Robert Smith.

No: Mr. Rod Buenconsejo, Mr. Robert Vickers.

 

Case(s): 4-13-11144

Owner: Michele Batista & Iraima Flores

Address: 6 NW 107 Street

 

Ms. Batista was present and wished to testify. She testified that when they bought the home from Mr. Roberto Martin they were not aware of the lien. There was no title insurance at the time of the purchase.

 

The Board asked questions. Mr. Sarafan asked questions.

 

Motion: That upon receipt of $3,485.00 payable within 120 days that the lien be released.

 

Moved by Mr. Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion Passed 5-0

Yes: Ms. Kimberly Bruce, Mr. Patrick Huber, Mr. Rod Buenconsejo, Mr. Robert Vickers, Chairman Robert Smith.

 

Case(s): 7-12-10219

Owner: Real Estate Education Community Housing, Inc.

Address: 202 NW 92 Street

 

Mr. Michael Roberts was present and wished to testify. He testified that they purchase homes and rehab them. They paid $15,000.00 to Miami Shores at the time of closing. Mr. Roberts testified that they had problems with the contractors they hired. The septic system was replaced. The house is up for sale now. Mr. Sarafan gave some input as to how this house had been a Reasonable Accommodation and explained how this works. Mr. Sarafan says that what we have here is the fines after the Reasonable Accommodation. Officer Remond testified that he was aware of all the communications from Mr. Roberts. The Board asked questions.

 

Motion: That upon receipt of $500.00 payable within 30 days that the lien be released.

Moved by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo

Vote: Motion Passed 5-0

Yes: Ms. Kimberly Bruce, Mr. Patrick Huber, Mr. Rod Buenconsejo, Mr. Robert Vickers, Chairman Robert Smith.

 

MINUTES

 

Minutes for June 7, 2018

 

Motion to approve the June 7, 2018 minutes, by Mr. Patrick Huber, seconded by Ms. Kimberly Bruce, and the Motion passed 5-0.

 

The Board approved the calendar of Meetings for 2019 by consensus.

 

NEXT MEETING

 

The next meeting will be on September 6, 2018

 

ADJOURNMENT

 

August 2, 2018 Code Board meeting adjourned.

 

________________________________                         _____________________________

Lazaro Remond, Code Compliance Director                Robert Smith, Chairman