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Code Enforcement Minutes - Nov 5, 2015

 

CODE ENFORCEMENT BOARD MEETING MINUTES

 

   Thursday, November 5, 2015

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 5, 2015, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

Roll Call.

 

Present: Manny Quiroga, Patrick Huber, Robert Smith, Rod Buenconsejo, Barry K. Asmus, Barry Perl, Chairman Robert Vickers.

 

In Attendance

 

Anthony Flores, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

 

FIRST HEARING

 

Note: No one present for first hearing.

 

Summary Adjudication for 1st Hearings: Case(s): 10-15-14555; 10-15-14566; 10-15-14568; 10-15-14574; 10-15-14577; 4-15-13926; 4-15-13980; 6-15-14244; 6-15-14245; 8-15-14424; 5-15-14431; 8-15-14456; 8-15-14458; 8-15-14459; 8-15-14461.

The officer, Anthony Flores, 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 Manny Quiroga, seconded by Barry Perl

Motion: Passed Unanimously

 

 

PENALTY HEARING

 

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.

 

 

Case 8-15-14420

Tammy Layson

240 NE 97 Street

 

Ms. Layson was sworn in before testifying. Officer Flores testified as to the violation of unsightly storage of items in carport. The Board looked pictures of the violation. Ms. Layson testified that she was at the hospital last time she was supposed to be here. Mr. Sarafan clarified the fact that Ms. Layson was to appear in front of the Board today. Ms. Layson testified that the items there are under the tarp only to protect the items from the elements. She testified that there was a gigantic hole in her bedroom. Ms. Layson testified that her neighbors do not feel that this is unsightly. Mr. Quiroga tried to help Ms. Layson to come up with a solution to get the items off the carport. The Board asked questions. Chairman Vickers asked Ms. Layson to get together with the Code Compliance Officer to resolve the issue. Ms. Layson mentioned all the items under the tarp. The Board asked questions. Mr. Sarafan emphasizes’ ways to resolve the issue with the Code Compliance Officer. 

 

 

Mr. Barry Perl, Motion to continue to next meeting December 3, 2015

Seconded by Mr. Manny Quiroga

Passed Unanimously

 

 

Summary Adjudication for Penalty Hearings: Case #’s: 10-14-13224; 3-15-13819; 5-15-14045; 6-15-14174; 7-15-14289; 7-15-14291; 7-15-14292; 7-15-14309; 7-15-14329.

 

 

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 Manny Quiroga, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

 

REQUEST FOR RELIEF

 

 

Case(s): 6-13-11500; 12-14-13535

Owner: Trust Mortgage Lending Corp.

Address: 578 NE 93 Street, Miami Shores

 

 

Mr. Leandro Gonzalez of 8200 NW 52 Terr., Suite 100, Miami, FL was present to testify. Mr. Sarafan says that Mr. Gonzalez is the President of the Corporation. Mr. Gonzalez testified that the Contractor he hired did a horrible job. He asked the Board to consider his offer. The Board asked questions. Mr. Gonzalez testified that his intent was to live in the house but the train noise deterred his family from moving in. The house is for sale for $600,000.00.

 

 

Motion: Move that upon payment of $5,000.00 payable within 30 days.

Moved by Barry Perl, seconded by Rod Buenconsejo

Passed Unanimously

 

 

Case(s): 8-14-13012

Owner: Stefano Rocciatti

Address: 715 NE 91 Street, Apt. 3A, Miami, FL

 

 

Edward Josue Rodriguez, Property Manager was present to testify. He testified that he found out about the lien via gentlemen from the association. Mr. Quiroga asked Officer Orta to corroborate Mr. Rodriguez testimony. Board discussion took place. Mr. Sarafan explains to Mr. Rodriguez what the final question means. Offer amended to $3,000.00 payable within 30 days.

 

 

Motion: That upon receipt of $3,000.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Manny Quiroga

Passed Unanimously

 

 

MINUTES

Minutes for October 1, 2015

Motion by Barry Perl, Seconded by Barry Asmus

Passed Unanimously

 

 

Board discussion took place at this time. Mr. Perl proposed to amend the rules of order. Mr. Perl says that he makes a proposal that at any time during the meeting any Board member may call out time, may call out time against the speaker, time against the issue. At that time the Chair will be able to oblige to temporarily halt the proceedings and ask if there is a second. If there is no second then the meeting proceeds as normal. If there is a second the Chair calls roll. If the Motion carries and is a Motion against the issue. At that time the Chair will call for a vote. If it is a Motion against the speaker, that person will lose the floor. For the remaining of that issue that is it. Mr. Perl explains that sometimes things get out of hand if somebody feels that testimony is redundant you call time. If it does not get a second that indicates how the other Board members feel. Chairman Vickers explains that the Board needs to be careful because maybe some people may feel that maybe having a hard time getting their point across and may feel they are cut short and they don’t feel they got their due process. Mr. Asmus gave the example of Mr. Gold cross examination of Mr. Orta in the past and how giving him five minutes to finish has cost us. Board discussed the issue of timing people.   Mr. Sarafan welcomes our new Board member. Applauds comments about due process, and encourages the Board members to utilize their right to comment when they feel someone is being repetitive. Or if someone is being offensive. For example you give someone five more minutes, that person may say I may need more than that because what I want to show may take more than that. If you are going to go to Appellate Court later you are going to show that I was improperly stopped. The remedy is that if you feel the Chair is not being zealous enough in moving things along you can raise the point of order. Point of order Mr. Chair isn’t this all irrelevant, haven’t we heard all this before. Mr. Sarafan would not recommend Mr. Perl’s proposal because he believes it a little unwieldy. Two we don’t need a one size fits all. We need to deal on a case by case place. Chairman Vickers asked if Mr. Perl feels that we are letting things run on. Mr. Perl says sometimes and he explains. Mr. Sarafan explains the point of order is a parliamentary procedure that basically interrupts. Under Roberts rules of order probably is not 100% kosher but we are an informal Board and point of order Mr. Chair isn’t this irrelevant it is a lot nicer way of saying it. The point is all about perceptions. That everyone that comes in front of this Board gets a fair opportunity to have their say. However, Mr. Sarafan says he is not confident that everyone perceives to have gotten that. I am trying to preserve the perception. People will always feel that if only I had been able to say a little bit more then things would be different. Mr. Buenconsejo asked about point of order. Mr. Sarafan says you should do it sparingly. Mr. Quiroga says you should say point of order wait until the Chair recognizes you tell him the point of order. The Board discusses how to go about calling point of order. Mr. Buenconsejo says that is better for the Board to give the Chair a reason for the point of order. Mr. Sarafan gave a short report on the Gold case. He said that they did fine violation against Ms. Gold for unauthorized construction. That was appealed to the Circuit Court Appellate Division. Three Judges, Judge Mindy Glazer, Judge Rodriguez-Shomat, and Judge Alberto Milian heard the case and ruled the same day which is highly unusual. Procurer Affirmed which basically means they affirm your Order without opinion all three of them unanimously. That was then appealed on what is called second tier to the Third District Court of Appeal and there will be another three Judges on that case its an appeal of the Circuit Court decision. So the question is did the Circuit Court deny due process. Or did the Circuit Court apply the incorrect law or misinterpret. Mr. Sarafan says that he is cautiously optimistic on that one. Second point, one of the Requests for Relief that was not heard today because of no show was Rayma Espinosa. The Espinosa case involves a property that is involved in a Foreclosure ongoing with the Village is a defendant with the Bank and has been defending our liens. Mr. Sarafan says he suspects that the reason that they are not appearing tonight is because the Bank is offering a higher amount than Ms. Espinosa is offering. Because the Bank expects to get the property, bottom line is we will likely negotiate a resolution with the Bank by which we release this property and keep the balance of the liens on any other property owned by the violator who is not Ms. Espinosa. Chairman Vickers asked questions. Mr. Sarafan answered there is two types of cases where liens get resolved without coming before the Board. One is this type of scenario where there is ongoing litigation, fairly rare. Under those circumstances Mr. Benton has the authority to settle those cases. The other type of cases is what we call Reasonable Accommodations which under the Ordinance passed by the Village. These are cases where someone who was not the violator is proposing to buy a horrible home that needs lots of work it can come before the Board because the violations have not been cured. There is hundreds of thousands of dollars in liens and they are offering to come in buy the house, fix it up by a date certain they certify and proof to us that they are unrelated to the violator and they pay the Village a reasonable amount acceptable to Code Enforcement, Legal and the Village Manager and in exchange for that the liens are removed under an agreement that if they fail to cure the violations by the date or they don’t pay the money the liens springs back up. So far I don’t believe any liens have sprung back up. Everybody that has done this has cleaned up the properties and fixed it up so that a new family can move in. There was a discussion about the Board not seeing these houses. The Board requested an update on Reasonable Accommodations.

 

 

NEXT MEETING

The next meeting will be on December 3, 2015

 

 

 

ADJOURNMENT

November 5, 2015 Code Board meeting was adjourned

 

 

 

_______________________________                        _____________________________

Anthony Flores, Code Enforcement Supervisor            Robert Vickers, Acting Chairman