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Code Enforcement Minutes - May 4, 2017

CODE ENFORCEMENT BOARD MEETINGMINUTES

  Thursday, May 4, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 4, 2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

Roll Call.

Present: Robert Vickers, Patrick Huber, Kimberly Bruce, Rod Buenconsejo, Chairman Robert Smith.

Absent: John Berryman, Gladys Coia.

 

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

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

 

 

FIRST HEARING

No one present for these cases.

 

 

Summary Adjudication for 1stHearings: Case(s): 10-16-15943; 10-16-15970; 11-16-16053; 11-16-16054; 2-17-16218; 2-17-16222; 3-17-16260; 3-17-16263; 4-17-16342.

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 Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion carries 5-0

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

 

 

 

PENALTY HEARING

No one present for these cases.

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 10-15-14680; 1-17-16161; 1-17-16184; 12-16-16098; 2-17-16225; 2-17-16226; 3-17-16265; 4-16-15131.

 

The officer, Michael Orta, 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 Robert Vickers, seconded by Patrick Huber

Vote: Motion carries 5-0

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

 

 

 

REQUEST FOR RELIEF 

 

 

 

Case(s): 6-16-15387

Owner: J. Henry & Germaine Vidal

Address: 349 NE 99thStreet

 

 

Mr. Henry Vidal was present and testified that he can no longer afford to live in Miami Shores. He needs to clear this violation and that is why he is here today. The final offer is $28,000.00 payable in 60 days.

After voting took place Mr. Vidal commented that Miami Shores Staff is extremely helpful to the contrary of what the Contractors say out there.

 

 

Motion: That upon receipt of $28,000.00 payable within 60 days that the lien be released.

Moved by Robert Vickers, seconded by Rod Buenconsejo

Vote: Motion carries 5-0

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

 

 

 

 

Case(s): 8-11-8966; 4-09-5655

Owner: Peggy Jo Hallmark

C/O Michael C. Compo P.A.

Address: 138 NE 109thStreet

 

 

Attorney Michael Compo on behalf of Ms. Peggy Jo Hallmark. Mr. Compo testified that his client was an 84-year old woman who lived in that house for a long time. He testified that his client was ill and not able to take care of the house. He went over what the violations were for. Regarding the violation for too many cats. His Client never owned any cats. He explained to the Board that he took this case pro-bono and that he has applied for a position with the Board and does not want to have any conflict of interest. He asked for the Board to show mercy for his Client. The family is trying to resolve the issue. They do not have the means to pay more. The family is hoping that this Request for Relief resolves the liens. Office Orta testified that he concurred with the Attorney’s testimony. The Board asked questions. The Attorney said that the reason why now, is because the family is trying to get resolution to this matter. Discussion took place about why family wants resolution now 12 years later. He said that it is an equitable circumstance of an 84-year old woman who is on Medicaid. The family has come in and wants to resolve the issue. The Board asked questions. Officer Orta answered that he had spoken to a lady named Lauren. Mr. Sarafan asked of Ms. Hallmark’s previous address. Mr. Sarafan read into the record a letter written to the Mayor at that time. This letter is dated June 12, 2007 mailed from Texas. In the letter it mentioned a demolition of the property. Officer Remond testified that there were no permits for demolition.  The Board asked questions. Mr. Compo testified that the problem with the cats was created by the neighbors who fed the cats outside. Officer Orta testified that one of the neighbors lures the cats to have them fixed, trying to control the reproduction of the cats.

 

 

Motion: That upon receipt of $4,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Kimberly Bruce

Vote: Motion carries 3-2

Yes: Patrick Huber, Kimberly Bruce, Chairman Robert Smith

No: Rod Buenconsejo, Robert Vickers

 

 

 

 

Case(s): 12-10-8019 

Owner:Diana Garcia de Villalobos

Address: 1160 NE 91 Terrace

 

 

Diana Garcia de Villalobos testified that she was not aware of the violation until recently. The canopy violation was a removable piece. This canopy was removed once she became aware of it. The house was a rental property that she owned. If she would have been aware of it she would have taken the canopy down. Mr. Sarafan asked if the property was homestead. The Board asked questions. Mr. Sarafan asked for a Business Tax Receipt. Ms. Villalobos said she has it. The Board asked questions. Ms. Villalobos said that the mailing address was the rented property. She did not know about the canopy. In October 2014 the canopy was not there. Ms. Villalobos testified that the house was rented and she did not go to the property. The Board asked questions. Ms. Villalobos testified that she did everything online and that she was not aware of the violation. The house has a contract for sale for 680,000.00. Mr. Vickers offered guidance to Ms. Villalobos. 

 

 

Motion: That upon receipt of $10,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion carries 5-0

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

 

 

 

Case(s): 9-08-4735; 9-11-9022

 Owner: Manuel Lamazares

Address: 230 NE 101 Street

 

 

Michael Gungoro, P.A. testified he is here pro-bono on behalf of Mr. Lamazares, that this was an old case against a prior owner of the property. He said that Mr. Lamazares did everything the right way when he purchased the property, but these liens never came up. This is Mr. Lamazares homestead and he has made the house beautiful. He became aware of the liens when he received a letter addressed to property owner. Mr. Gungoro testified that when Mr. Lamazares contacted him he asked that he send him the Title search. Mr. Gungoro then contacted the Title Company and the response he got was of not very helpful. He explained what the Title Company wrote in a long email as to why these liens were not enforceable. Mr. Lamazares would like to resolve this issue and asks the Board for their consideration. The Board asked Mr. Sarafan for guidance. Mr. Sarafan gave a brief explanation for the liens that were written off at Title search. He is in favor of Mr. Lamazares because this is an owner occupied residence. Mr. Vickers asked if they could go back to the Title Insurance Company. Mr. Sarafan expalains how the Title Insurance Companies work and they usually don’t budge. The final offer was increased to $1,000.00. The Legal department supports this offer.

 

 

Motion: That upon receipt of $1,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Kimberly Bruce

Vote: Motion carries 3-2

Yes: Patrick Huber, Kimberly Bruce, Chairman Robert Smith

No: Rod Buenconsejo, Robert Vickers

 

 

 

Case(s): 9-14-13215; 8-14-13041

 Owner: Victor Layug

Address: 136 NE 110 Street

 

 

Chairman Smith asked for a brief summary due to the fact that Mr. Layug had been before the Board in February. Mr. Layug asked the Board if they had read the letter he had submitted. The Chair confirms yes he read the letter. The Board asked questions.

 

 

Motion: That upon receipt of $500.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion carries 5-0

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

 

 

 

Notice of Violation Case #2-17-16218

Address: 240 NE 97 Street

 

 

Mr. Sarafan introduced Ms. Mabel Leon Ponte who arrived late for Notices of Violation.  She was sworn in. Mr. Mabel Leon Ponte of Property Aces LLC. Ms. Ponte apologized for arriving late. Officer Orta testified that the certified mail had been signed for. There is damage to public sidewalk at this property. He spoke to the company that owned it before and had given them time to fix the violation. Notice of violation was mailed March 9, 2017 and the case was continued until today. The Board asked questions. Officer Orta testified that Public Works has a company that provides the service of re-sidewalk at an agreed amount. Ms. Ponte agrees that there is a violation. She testified that the previous owner did not disclose this violation. Ms. Ponte testified that they need 30 more days to fix it. Mr. Sarafan informed her that the Board had already adjudicated the case and gave her 30 more days to fix the sidewalk. There was discussion about the Company that Public Works utilizes to fix the sidewalks. This is done through a Public Works permit. Mr. Sarafan explains how this works and that the City does not take any responsibility if and when the public utilizes this Contractor. Discussion took place about roots in the public sidewalks. The Board agrees that they are leaving the prior adjudication as it is. Thirty more days to cure the violation.

 

 

 

MINUTES

Minutes for April 6, 2017

Motion to approve minutes, by Mr. Patrick Huber, seconded by Mr. Robert Vickers and the Motion carries 5-0.

 

 

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

 

 

NEXT MEETING

The next meeting will be on June 1, 2017

 

 

ADJOURNMENT

May 4, 2017 Code Board meeting was adjourned 

 

 

 

_______________________________                         _____________________________

Lazaro Remond, Code Enforcement Supervisor            Robert Smith, Chairman