LimeBike Memorandum of Understanding

Code Enforcement Minutes - March 1, 2018

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

 

  Thursday, March 1, 2018

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 1, 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. Patrick Huber, Mr. Ronnie Gillen, Ms. Kimberly Bruce, Ms. Gladys Coia, Mr. Rod Buenconsejo,

Chairman Robert Smith.

 

 

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 Manager

Mike Orta, Code Compliance Officer

Mariana Gracia, Clerk

 

 

FIRST HEARING

Case # 2-18-17325

Citi Mortgage Inc.

Miguel Gonzalez, Esq.

 

Mr. Gonzalez testified that they had been in contact with the vendor but that they did not know the status of the violation at this time. Lazaro Remond, testified that they had visited the site and that they were still in construction without permits. The Board asked questions. Mr. Sarafan asked how long until they cure the violation. The attorney states it would take them 45 days to comply.

 

Motion with respect to case 4-17-16366 I move for finding of fact in conclusion of law that there exists a violation of Section 6-4(a) in the Miami Shores Village Code the offending party shall correct the violation within 60 Days until May 3, 2018 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 automatically assessed to the violator in the amount of $100.00 a day thereafter to constitute a lien to the property of the violator a cost in the amount of $30.00 is hereby assessed to recoup the Village expenses in prosecuting the violation to this day.

 

Motion by Mr. Patrick Huber

Seconded by Mr. Rod Buenconsejo

The Motion passed Unanimously

 

 

Case # 12-17-17188

Bank of New York Trust Company

Steve Charles, Esq.

298 NE 91 Street

 

The attorney testified that the property has been brought into compliance. Lazaro Remond testified that the property was not in complete compliance as of the last inspection. The Board asked questions. Mr. Sarafan suggests the options before the Board for their consideration.

 

Motion:I move for continuance until next meeting of April 5, 2018.

Motion by Mr. Patrick Huber

Seconded by Ms. Gladys Coia

The vote passed unanimously

 

 

Case # 1-18-17221

Ruth LaBarre

1298 NE 98 Street

 

Ms. Ruth Labarre and her fiancé were present. Ms. Labarre gave details about the violation regarding the Jacuzzi. She testified that she hired someone to get a permit and they did. Lazaro Remond testified that the Google notification had let Code Compliance know about the rental property. In looking into this he found out about the Jacuzzi. The vacation rental has not been permitted. Mr. Sarafan asked for clarification regarding the short term rental. Mr. Remond read into the record the section of code that is in violation. Permit number EL218478 is in effect for the Jacuzzi. Staff recommends 90 days for compliance. Mr. Remond gave all the details for rental properties. Mr. Sarafan asked questions. Section 12-270 of the Code was red into the record by Mr. Remond. The violation can be cured by getting the permit or ceasing to advertise. The Board asked questions. Mr. Sarafan they can stop advertising or get a permit in order to cure the violation. Discussion took place at this time. Ms. Labarre took this opportunity to ask questions and make a statement about rentals. Ms. Labarre’s fiancé expressed his concern about deleting their advertising and the consequences they face. He believes that according to what their council has told them they are not in violation. Staff recommendation is to continue the case for an additional 90 days.

 

Motion with respect to cases 1-18-17221 and 1-18-17222 I move for finding of fact in conclusion of law that there exists a violation of the aforementioned Village Code the offending party shall correct the violation 1-18-17221 by 30 days and case 1-18-17222 will have 90 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 automatically assessed to the violator in the amount of $100.00 a day for case 17221 and $50.00 a day for case 17222 thereafter to constitute a lien to the property of the violator a cost in the amount of $30.00 per each case is hereby assessed to recoup the Village expenses in prosecuting the violation to this day.

 

Motion by Mr. Patrick Huber

Seconded by Mr. Robert Vickers

The vote passed unanimously

 

 

Summary Adjudication for 1stHearings:Case(s): 11-17-17147; 11-17-17154; 11-17-17155; 1-18-17232; 12-17-17191; 12-17-17200; 12-17-17201; 6-17-16537; 8-17-16854.

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 Ms. Gladys Coia

Vote: Motion passed unanimously

 

 

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

 

 

PENALTY HEARING

 

 

Case: 11-17-17156- Officer Mike Orta testified to the fact the case in not incompliance. The Board inquired about the improvement or lack thereof. There was discussion about the case at this time.

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 10-17-17037; 10-17-17038;

11-17-17122.

 

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 unanimously

 

 

REQUEST FOR RELIEF

 

 

Case(s): 5-13-11379; 5-11-3530; 5-13-11378; 12-09-6577; 5-13-11380; 5-13-11381; 5-13-11382

Owner: Property Hounds LLC – Michael Rares

Address: 420 NE 91 Street

 

Mr. Michael Rares was present to testify. He stated that the house was uninhabitable and they took every step to make it safe. They applied for numerous permits. He has spent about $45,000.00. The house was bought at a foreclosure. This is a financial burden on him. He would like for the Board to consider his offer. The Board asked questions. Mr. Rares clarified that the house was bought from a bank not at foreclosure. Mr. Sarafan states that he had grossly reduced the legal fees they owed to $100.00.

 

Motion: That upon receipt of $5,000.00 payable within 30 days that the lien be released.

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

Vote: Motion carries unanimously

Yes: Robert Vickers, Patrick Huber, Ronnie Guillen, Gladys Coia, Kimberly Bruce, Rod Buenconsejo, Chairman Robert Smith.

 

 

Case(s): 3-17-16263

Owner: Surface Residential LLC

Address: 144 NE 91 Street

 

Attorney Eric Stein was present on behalf of Surface Residential LLC. Mr. Stein is seeking to wipe out case 3-17-16263. Mr. Stein restates that he will address all cases. He stated that the some of the liens have been foreclosed. His clients were not aware that there was work being done without permits for case 3-17-16263. The Board asked questions. Mr. Stein would like to address all cases tonight. Mr. Sarafan says that the liens may have been foreclosed or maybe not. The Board had a consensus about resolving all cases tonight. There was discussion by the Board and Mr. Sarafan about the release of all cases.

 

Motion: That upon receipt of $5,000.00 payable within 30 days that the lien be released.

Moved by Mr. Patrick Huber, seconded by Mr. Robert Vickers

Vote: Motion Passed Unanimously

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

 

 

Case(s): 3-12-9683; 3-12-9682; 3-12-9681

Owner: Surface Residential LLC

Address: 144 NE 91 Street

Attorney Eric Stein was present on behalf of Surface Residential LLC. The attorney made an offer of $3,500.00 to release the liens.

 

Motion: That upon receipt of $3,500.00 payable within 30 days that the lien be released.

Moved by Mr. Patrick Huber, seconded by Mr. Robert Vickers

Vote: Motion Passed Unanimously

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

 

 

Case(s): 6-13-11484

Owner: Java Holdings LLC

Address: 475 NE 91 Street

 

Mr. Shane Graber, owner was present to testify. The property was bought with the intention to renovate it and improve the neighborhood. The house is totally renovated and the permits are in the process of being closed. The Board asked questions. There was some confusion about the closing of the permits.

 

Motion: That upon receipt of $2,500.00 payable within 30 days that the lien be released.

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

Vote: Motion Passed Unanimously

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

 

 

Case(s): 10-15-14713

Owner: Prestige Properties Investment Group

Address: 27 NE 94 Street

 

Mr. Waqaas Merchant was present and testified on behalf of Prestige Properties Investment Group. Mr. Sarafan asked Mr. Merchant what is his relationship with Prestige. Mr. Merchant says he is an Agent for this company. Mr. Merchant states that they had purchased the property on foreclosure. The Board asked questions.

 

Motion: That upon receipt of $3,000.00 payable within 60 days that the lien be released.

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

Vote: Motion Passed unanimously

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

 

Lazaro Remond - 955 NE 98 Street was a no show tonight.

 

 

MINUTES

 

Minutes for February 1, 2018

Motion to approve February 1, 2018 minutes, by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen and the Motion passed unanimously.

 

 

Discussion: Update on the vegetable garden case. Mr. Sarafan gave brief overview of the court cases. The Florida Legislature is looking into the issue of vegetable gardens. There is a possibility that the vegetable garden might comeback to be heard by our Council.

 

 

NEXT MEETING

The next meeting will be on April 5, 2018

 

 

ADJOURNMENT

 

March 1, 2018 Code Board meeting was adjourned

 

________________________________                         _____________________________

Lazaro Remond, Code Enforcement Manager                Robert Smith, Chairman