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Code Enforcement Minutes - Novermber 3, 2016

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

                  Thursday, November 3, 2016

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 3, 2016, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

 

Roll Call.

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

Absent: Manny Quiroga

 

 

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

Anthony Flores, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

 

FIRST HEARING

No one present for this hearing

Summary Adjudication for 1stHearings:  Case(s): 10-15-14680; 10-15-14713; 10-16-15879; 3-16-15083; 5-16-15240; 5-16-15241; 5-16-15364; 6-16-15404; 6-16-15426; 7-16-15531; 7-16-15535; 7-16-15564; 7-16-15566; 7-16-15613; 8-16-15673; 8-16-15674; 8-16-15688; 8-16-15726; 8-16-15740; 8-16-15742; 8-16-15746; 9-16-15751; 9-16-15783; 9-16-15784.

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 Robert Smith, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

 

 

PENALTY HEARING

No one present of this hearing

Summary Adjudication for Penalty Hearings:Case #’s: 2-16-14973; 5-16-15234; 6-16-15457; 6-16-15457; 7-16-15529; 8-16-15670.

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 Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

 

 

REQUEST FOR RELIEF

 

Case(s): 6-11-8679; 2-11-8193; 4-08-4033; 2-11-8192

Owner: JCAS Fund Properties/Juan Annicchiarico

Address: 175 NW 109 Street

Mr. Juan Annicchiarico was present and wished to testify. Mr. Annicchiarico said that he bought the property in foreclosure. He gave pictures of the renovations for the Board to see. It took him more than 8 months to get the permits approved and finalize the rehab of the property. He bought the property October 15, 2015 with the liens in place. Mr. Annicchiarico testified that he had tried to come to an agreement with the Village to settle the liens but he was told that he needed to fix the violations before the liens could be settled. Mr. Sarafan said that this property was one of the Mitchell properties. The Board asked questions.  The property is for sale. Officer Flores testified that Mr. Annicchiarico took the property and totally rehabbed it. Mr. Sarafan said that this particular property had been in litigation for some time and there were legal fees assessed in the amount of $8,000.00 that the Board should take into consideration before accepting the amount proposed.

 

 

Motion:  That upon receipt of $12,000.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Failed (Yes=3, No=3, Abstain=0)

Yes: Patrick Huber, Kimberly Bruce, Chairman Robert Vickers

No: Robert Smith, Gladys Coia, Rod Buenconsejo

 

 

Case(s): 1-15-13565; 5-14-12654  

Owner:Greg Greer

Address: 1080 NE 104 Street

Mr. Greg Greer was present and wished to testify. Mr. Greer testified that he was going through some hardship. He testified that he was unable to put the boat on the side of the house or able to get it the back of the house. The house was an inheritance from his father. The Board asked questions. Mr. Greer testified that it was really difficult for him to find a place to store the boat. Mr. Greer said that he was undergoing financial difficulties. He needs to release these liens in order to be able to sell another property. Offer amended to $1,000.00.

 

 

Motion:  BP Motion $2,750.00 payable within 30 days that the lien be released.

Moved by Robert Smith, seconded by Patrick Huber

Vote: Passed Unanimously

Vote: Passed (Yes=5, No=1, Abstain=0)

Yes: Patrick Huber, Robert Smith, Kimberly Bruce, Gladys Coia, Rod Buenconsejo

No: Chairman Robert Vickers

 

 

Case(s): 11-11-9194

 Owner: Michael Owens

Address: 9007 NE 4thAvenue Road

Mr. Michael Owens was present and wished to testify. He said that the contractor he hired let the permit expire. The contractor did a very shady job. Mr. Owens then hired a new contractor. Mr. Owens testified that he could not afford to pay more than what he had offered. Officer Orta said that he could not recall details on the case. The Board asked questions. Mr. Sarafan said that the letter Mr. Owens is referring to is the Lien Reminders that Code Enforcement sends regular mail. Mr. Sarafan adked Is the property for sale. Mr. Owens answered no.

 

 

Failed for lack of Motion

 

 

Case(s): 6-13-11522; 6-13-11523; 6-13-11524; 6-13-11525;6-13-11526

Owner: REO Asset

Address: 2 NW 108 Street

Carlos Averona the owner of REO Asset was present to testify. He testified that he purchased the property on 5/7/2013. They did obtain a CEO and the liens where there. The went through the process of clearing the violations and they sold the property. At closing the new Buyer signed the hold harmless. CAP Realty is the new owner. At closing the new Buyer accepted the property with the liens. Mr. Sarafan said that the hold harmless is a contract between the Buyer and the Seller. Board discussion took place. Mr. Sarafan said that the Board can release the property Mr. Averona is trying to sell, he needs to provide the address and legal description to the Clerk. The Board asked questions.

 

 

Motion:  That upon receipt of $3,000.00 payable within 30 days that a partial release be given on the property located at 341 E. 60 Street, Hialeah, FL 33013.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Passed (Yes=4, No=2, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce

No: Rod Buenconsejo, Chairman Robert Vickers

 

 

Case(s): 7-07-2390; 8-09-6121

Owner: Dan Gitlin & Adam Cook

Address: 88 NW 111 Street

Mr. Dan Gitlin was present to testify. He testified that the property was purchased in foreclosure in 2014. The new buyer does not want to assume the liens. Mr. Gitlin said that the new Buyers do not want to take property with the liens in place. Mr. Sarafan states that the Estate of Kelly Mitchell does not have the means to cure these liens. The Board asked questions. Mr. Sarafan states that the Village tried to settle all the cases with Ms. Kelly Mitchell when she was alive. Mr. Sarafan addressed the issue of foreclosures and liens attached to the foreclosed properties. Mr. Gitlin agrees that the Village is entitled to a fair amount. The Board made their statements.

 

 

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

Moved by Patrick Huber, seconded by Robert Smith

Vote: Passed (Yes=4, No=2, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce

No: Rod Buenconsejo, Chairman Robert Vickers

 

 

Case(s): 4-13-11218

Owner: Gabriela Sabate/Guillermo Almada

Address: 89 NW 106 Street

Ms. Gabriela Sabate and Mr. Guillermo Almada were present to testify. Mr. Almada testified that they bought the house in a foreclosure in 2013. They found out that there was more than they thought to fix the house. They spent close to $4,000.00 to fix the grass issue. Ms. Sabate said that they would like to use the house for themselves. The house was in very bad condition. They wanted to fix the house before they fixed the house. The house is vacant now. Officer Flores testified that they had bought the house in bad condition and improved it. Ms. Sabate testified that they did not realize that they had a lien on the property. The Board asked questions. Ms. Sabate said that they had to pay $1,000.00 in assessments to the Village. Mr. Almada made the offer of $1,000.00 payable in 30 days.

 

 

Failed for lack of Motion

 

 

Case(s): 1-16-14838

Owner: Jose Luis Sanchez & Maricarmen Sanchez

Address: 10317 NE 2ndAvenue

Maricarmen Sanchez was present to testify. She testified that her mother was under the understanding that she needed a permit to fix the driveway. Officer Flores testified that he had spoken to Ms. Sanchez and told her that she did not need a permit to fix the driveway. Ms. Sanchez said that her mother was under the impression that she needed a permit to fix the driveway. Officer Flores said that there was a little bit of confusion regarding the case because he had asked to replace the driveway and to do that you do need a permit. After Officer Flores looked at the clean driveway they came to the conclusion that they could just patch the driveway and they did not need a permit for that. No questions from the Board.

 

 

Motion:  That upon receipt of $250.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Unanimous in favor of the Motion

 

 

Case(s): 10-09-6461, 10-09-6458

Owner: David Seymour.

Address: 165 NW 92 Street

Mr. David Seymour was present to testify. He said that he purchased the house as a foreclosure. He hired an Architect and it took about 6 months to get all the violations cured. He amended the offer to $3,000.00 from the initial $15,000.00 he had offered. Mr. Seymour said that he had improved the property. The Board ask questions. Mr. Seymour testified that he had done a lot of work to make it more aesthetically pleasing. He testified that he had changed his mind about the amount offered by just listening in on the cases before him. He stated that the liens are not his.He did buy the house knowing that it had liens.

 

Failed for lack of Motion

 

 

Case(s): 2-16-14917

Owner: Helmut Mueller & Anna Mueller-Giesbers

Address: 1131 NE 104 Street

Mr. Helmut Mueller was present to testify. He testified that he bought the house and decided to rent it. He did not know that there was a lien on the house. The renter never told him about the notices. Mr. Sarafan asked if he had acquired a Business License. Mr. Mueller could not say. He testified that he never knew that there was a violation. The offer was amended to $100.00 payable in 30 days.

 

 

Motion: That upon receipt of $100.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Robert Smith

Vote: Failed (Yes=2, No=4, Abstain=0)

Yes: Patrick Huber, Robert Smith

No: Gladys Coia, Kimberly Bruce, Rod Buenconsejo, Chairman Robert Vickers

 

 

Case(s): 8-15-14420

Owner: Tammy Layson

Address: 240 NE 97thStreet

Ms. Tammy Layson was present to testify. She testified that she is currently disabled and she is in a financial hardship. She would like to amend her offer to $500.00 payable in 90 days.

 

 

Motion:  That upon receipt of $500.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Passed (Yes=5, No=1, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce, Rod Buenconsejo

No: Chairman Robert Vickers

 

 

Case(s): 12-10-8017; 12-10-8018

Owner: US Bank National Association

Address: 101 NW 100 Street

Attorney Kelly Casio on behalf of US Bank was present. Ms. Casio said that this is a bank owned property. The property was foreclosed. Their offer is a good faith offer. They have a Buyer and would like to cure these liens. The Board asked questions. Mr. Sarafan explains that there are generally two types of liens the Code Enforcement liens and the Special Assessments liens. If the liens arose during the foreclosure, there is a possibility that if everything was done right then the liens can be wiped out in the foreclosure. There is a recent Fourth District opinion that says that if the lien comes after the final judgement but before the foreclosure sale it does not get wiped out. Council says that they believe it has been wiped out but as a gesture of good faith they are making this offer of $13,000.00.

 

 

Motion:  That upon receipt of $13,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Robert Smith

The vote was unanimous in favor of the Motion.

 

 

Case(s): 6-13-11544; 4-15-14010

Owner: Joyce McPhee

Address: 7 NE 91 Street

Ms. Maria Escandell the Buyer was present along with Ms. McPhee and they both wished to testify. Ms. Escandell testified that she found out about the liens when she was trying to close on the property. She has been taking care of the different issues that the property has. Ms. Escandell plans to live in this home. The Board asked questions. Officer Orta testified that he had spoken to Ms. McPhee and she had some hardships. Ms. Escandell testified that they are ready to close. The property is being sold as a Short Sale. She said that the Lender is not willing to pay for the liens. Ms. Escandell said that they need to make some improvements to the house prior to moving in.

 

 

 Motion:  That upon receipt of $1,500.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Passed (Yes=5, No=1, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce, Rod Buenconsejo

No: Chairman Robert Vickers

 

 

Case(s): 2-16-14969

Owner: Blackwell Estates LLC

Address: 361 NE 97 Street

Mr. Richard Paz, manager of the property was present to testify. The property is rented and the owner lives overseas. The Tenant notified Mr. Paz and he immediately took care of the violation. The owner did not know about the lien. Once they found out they immediately took care of. The Board asked questions. Mr. Paz testified that the address in North Carolina is a forwarding address to gather his mail and send it to Spain where the owner lives.

 

 

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

Moved by Patrick Huber, seconded by Rod Buenconsejo

The vote was unanimous in favor of the Motion

 

 

Case(s): 1-13-10832; 4-13-11165

Owner: Mathew and Amanda Green

Address: 930 NE 95 Street

Attorney Christopher Kelly was present on behalf of the owners. Mr. Kelly testified the owners took over the property from his parents and they did not do a title search. The violation took place while the mother was the owner. It took them 9 months to get the trees from the Village. Mr. Kelly said that Mr. Green was not aware that there was a lien running while they were waiting for these trees. The Board asked questions. The offer was amended to $3,000.00 payable in 30 days.

 

 

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

Moved by Robert Smith, seconded by Patrick Huber

Vote: Passed (Yes=5, No=1, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce, Rod Buenconsejo

No: Chairman Robert Vickers

 

 

Case(s): 3-16-15024

Owner: Santiago Martinez

Address: 285 NE 95 Street

Mr. Martinez was present and wished to testify. He testified that the lien came in combined with the sidewalk repair which they went forward with and got it done. He did not know that they could not have that type of plants in the front. Officer Orta gave him a continuance and there was some miscommunication. Had he known that there was an absolute time to cure the violation, he would have done it before. He testified that the property was sold and the lien amount is being held in escrow. Mr. Martinez does not believe that the lien amount is a fair amount. The offer was amended to $1,500.00 payable in 30 days. The Board asked questions.

 

 

Motion: That upon receipt of $1,500.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Chairman Robert Vickers

Vote: Failed (Yes=3, No=3, Abstain=0)

Yes: Patrick Huber, Kimberly Bruce, Chairman Robert Vickers

No: Robert Smith, Gladys Coia, Rod Buenconsejo

 

 

MINUTES

Minutes for September 1, 2016

Motion to approve minutes, Motion made by Patrick Huber, seconded by Rod Buenconsejo and the vote was unanimous in favor of the Motion.

 

 

DISCUSSION:

Mr. Sarafan and the Board formally welcomed the new members Ms. Gladys Coia and Ms. Kimberly Bruce.

To our departing Board members Mr. Barry Asmus and Mr. Barry Perl, Chairman Vickers personally would like to thank Mr. Barry Asmus and Mr. Barry Perl for their many years of service and contributions as outstanding Board members. He called for a Motion.  Motion made by Mr. Buenconsejo, seconded by Mr. Smith and the vote was unanimous in favor of the Motion.

Mr. Sarafan suggests that now that we have new members there should be a vote on our next meeting for the Chairman and Vice Chairman.

 

 

NEXT MEETING

The next meeting will be on December 1, 2016

 

 

ADJOURNMENT

November 3, 2016 Code Board meeting was adjourned 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor    Robert Vickers, Chairman