LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, October 03, 2013

 

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 03, 2013, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers.

 

Roll Call.

Present: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

Absent: Rod Buenconsejo

 

In Attendance

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING

 

Case: 5-13-11432

Owner: Norma Ardila

Address: 9918 N Miami Avenue

Violations: 6-4 (a) Unauthorized Construction/Expired Permit(s)

 

Code officer Mike Orta gave summary of case and stated a wooden fence was installed on the side of the property without a permit. A courtesy notice was issued in May with a compliance deadline of June 22. After speaking to owner and contractors code officer gave several continuances yet as of October 3rd no permits have been applied for through building department. Chairman asks Ms. Ardilla if she agrees there is a violation and Ms. Ardilla does agree and requests a month and a half to cure violation. Fence is not up to owner’s standard and needs to be fixed.

 

MOTION: With respect to case(s): 5-13-11432 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations within 45 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 authorized to be automatically assessed against the violator in the amount of $ 50 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Barry Perl, Seconded by Barry Asmus

Motion passed unanimously.

 

Summary Adjudication for 1st Hearings:

Case#’s: 6-13-11484; 6-13-11487; 6-13-11522; 6-13-11523; 6-13-11524; 6-13-11525; 6-13-11526; 6-13-11544; 7-13-11592; 7-13-11605; 7-13-11614; 7-13-11628; 7-13-11665; 8-13-11708; 8-13-11734; 8-13-11741; 8-13-11742; 8-13-11744.

 

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

 

Code officer Mike Orta request a repeat order for case 9-13-11818 property address 9302 NW 2 Place.

 

MOTION: With exception to case 9-13-11818 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 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, which will constitute a lien on the property of the violator. 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 Barry Perl, Seconded by Manny Quiroga.

Motion approved unanimously.

 

 

Motion: With respect to case 9-13-11818 I move for a finding of fact and conclusion of law that a violation of code section 520(a) and 20-1(b) of the Miami Shores Village Code existed.

 

Moved by Barry Perl, Seconded by Barry Asmus

Motion passed unanimously.

 

 

PENALTY HEARINGS

 

Case: 3-13-11012

Owner: Everett and Joan Severy

Address: 9860 NE 5 Avenue Road

Violations: 5-21; Pet Limitation & Control

 

Code officer Anthony Flores presented pictures to board members as evidence that violation has not been cured. Pictures show about 19 cats on owner’s property. Ms. Severy mentioned that all the cats are not theirs and they do take care of cats that belong to neighbors. Board members asked what steps she has taken to remove cats from her home and Ms. Severy stated they had removed some cats but not as many as requested by Village. Code officer Flores stated the amount of cats allowed under code is four. After conducting an inspection today Code officer discovered a new litter of cats that were just born and in a previous conversation with Mr. Severy, Mr. Severy agreed to take cats to be fixed so the population would not grow. Mr. Severy mentioned that every kitten born within the last year once weaned from mother they have taken to be fixed. Mr. Severy stated that about twelve cats are their own. Attorney Richard Sarafan reads code that states owner is not allowed to keep or harbor more than four cats at home or place of business. Board members address severity of violation and possible fines assessed if violation it is not cured.

 

 

Motion: Withhold penalty phase on case 3-13-11012 to the next code meeting, November 7, 2013 which means violation must be cured by date given.

 

Moved by Manny Quiroga, Seconded by Barry Asmus.

Vote: Motion passed (Summary: Yes = 5, No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga.

No: Chairman Robert Vickers.

 

 

 

 

 

Summary Adjudication for Penalty Hearings:

Case #’s: 3-13-11112; 3-13-1116; 3-13-11118; 3-13-11119; 4-13-11154; 5-13-11339; 5-13-11340; 5-13-11436; 5-13-11437; 6-13-11481; 6-13-11488; 6-13-11536; 6-13-11537; 6-13-11553; 6-13-11560; 7-13-11625; 8-12-10310; 8-13-11678.

 

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 Bob Smith.

Motion passed unanimously.

 

 

REQUEST FOR RELIEF

 

Case: 11-06-1331; 11-06-1330; 1-09-5280; 4-08-4144

Owner: Deutsche Bank National Trust Co as Trustee

Address: 101 NE 110 St.

 

Andrew Hawronsky was present on behalf of bank and although property has four liens they would only like to mitigate case 1-09-5280. Mr. Hawronsky mentioned other cases were part of a civil case in a foreclosure. Attorney Richard Sarafan asked Mr. Hawronsky if mitigation was successful what was intended with property and Mr. Hawronsky mentioned they would transfer to new owner. Attorney asked if the title company was prepared to issue title insurance over the other three liens and Mr. Hawronsky answered yes. The underwriter agrees that the other liens are unenforceable. Attorney clarifies for record that bank is only requesting the release of lien for case 1-09-5280. Amount associated with this lien is 81,800.00. Violator was foreclosed out and bank took possession in July 2012. Board members asked questions regarding future sale of property and why compliance took so long. Offer to pay $1,500 payable within 30 days.

  

Motion: Upon receipt of $18,000 payable within 30 days that lien for case 1-09-5280 be released.

Moved by Barry Asmus, seconded by John Patnik.

 

Vote: Motion passed unanimously. (Summary: Yes = 6, No = 0, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

Case(s): 9-09-6268; 1-10-6612

Owner: Brett Harris

Address: 1173 NE 103 St.

 

New owner Brett Harris was present and stated the violations were not his and he did remedy violations prior to closing of sale. Board members ask questions regarding date of compliance. Offer to pay $5,000 payable within 30 days.

 

Motion: Upon receipt of $5000 payable within 30 days the lien on this property be released.

Moved by Barry Perl, seconded by Manny Quiroga.

 

Vote: Motion passed unanimously. (Summary: Yes = 6, No = 0, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

 

 

 

Case: 1-07-1559; 3-07-1747

Owner: The Estate of Elizabeth Binai

Address: 957 NE 99 St.

 

Mr. Paul Mapother husband of Elizabeth Binai and Patrick Duffy real estate broker were present and stated Mr. Mapother first priority was caring for his now deceased wife for quite some time and did not attend to home. The property is now in care of an estate and Mr. Mapother is one of five beneficiaries and there are no current funds to maintain home therefore property is under a contract for sale. Board members asked for sale amount and investor that would be purchasing home. Property is in a deteriorated state and because of the condition and financing problems only an investor could purchase. Board members asked about dates violations were caused. Offer to pay $750 payable within 30 days.

 

Motion: Upon receipt of $1,500 payable within 90 days the lien on this property be released. Moved by Barry Perl, seconded by Barry Asmus.

 

Vote: Motion passed unanimously. (Summary: Yes = 6, No = 0, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

Case: 6-13-11455; 2-13-10925

Owner: Frank Mainade Jr.

Address: 925 NE 92 St.

 

Mr. Frank Mainade was present and stated he purchased home with violations. He was not aware of the extent of the problems until he spoke to code officer Mike Orta. Board members asked questions regarding compliance date and purchase date. Owner mentioned he had previously thought violations were an easy fix but needed to make bigger changes that required more time and money. Offer to pay $500 payable within 30 days.

 

Motion: Upon receipt of $500 payable within 30 days the lien on this property be released. Moved by Barry Perl, seconded by Manny Quiroga.

 

Vote: Motion passed unanimously. (Summary: Yes = 6, No = 0, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

 

Case: 2-11-8134

Owner: Kenny B. Kotalik

Address: 950 NE 100 St.

 

Kenny Kotalik was present and stated the he reconstructed home and there was one demo permit that he does not know what it was for. The permit expired and since there was no existing home than mail was not delivered therefore he was not aware of problem. Mr. Kotalik hired a construction company to do work and pull permits. Property was posted by our Code Officer. Files show that three demo permits were pulled and one did not closed and expired which caused the violation. Offer to pay $500 within 30 days.

 

Motion: Upon payment of $500 payable within 30 days the lien be released.

Moved by Bob Smith, seconded by Barry Perl.

 

 

Vote: Motion passed unanimously. (Summary: Yes = 6, No = 0, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

 

 

 

Case(s): 1-13-10691; 1-13-10690

Owner: SLP Residential Investors FL. LLC

Address” 299 NE 99 St.

 

Mr. Sebastian Olarte was present as part owner and general contractor of SLP. The property was purchased at a foreclosure auction on July 15th and title was given in Texas and took about 10 days to have the title in his hands in order to enter property lawfully. Once he came to village and found out about violations he remedied violations immediately. Home has gone under extensive renovation because it was extremely deteriorated. As an investor he will be selling home but because of costs not a lot of money will be made from this purchase. Board members asked questions regarding compliance date and awareness of liens and violations. Staff concurs that house was a big problem and contractor has done a great job repairing home. Offer to pay $1200 within 30 days.

Motion: Upon receipt $2000 payable within 30 days the lien on this property be released. Moved by Barry Asmus, seconded by Barry Perl.

 

Vote: Motion passed unanimously. (Summary: Yes = 5, No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga,

No: Chairman Robert Vickers.

 

 

Case(s): 3-10-6813; 3-10-3812; 3-10-3814; 3-10-6815

Owner: Rolando Hernandez/Bibiana Patino

Address: 95 NW 95 St.

 

 

Bibiana Patino was present and stated the home was purchased through a short sale with violations and they fixed violations as soon as possible. The process took a very long time because owner moved to California and bank was at another location. Chairman and board members asked questions regarding property and purchase. Ms. Patino mentioned that once she was told by a realtor that property was going to be available and loving the area of Miami Shores she began process to buy home. Home could not be financed as a first time home buyer therefore Mr. Hernandez, also listed as owner is her god father that lent her money to buy home. . Once the money loan is paid they will try to take out an FHA. Process of buying home took about 2 years and the fines accumulated to a big amount. She and her husband just welcomed a new baby and therefore fixing violations took a little longer because they were attending to their family. Offer to pay $7000 payable within 90 days.

 

Motion: Upon payment of $7000 payable within 90 the liens on this property be released.

 

Moved by Bob Smith, seconded by Manny Quiroga.

 

Vote: Motion passed unanimously. (Summary: Yes = 6, No = 0, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

 

Case: 10-09-6429

Owner: Richard and Theresa Caccamise

Address: 1490 NE 101 St.

 

Mr. and Mrs. Caccamise were present. Attorney Richard Sarafan confirms with staff that violation has not yet been corrected and states board cannot grant relief when property is not in compliance. Code section 2-81 states: An enforcement board may modify, reduce and satisfy a fine imposed subject to the following guidelines and limitations: A code enforcement lien may only be modified and reduced if (i) the violation which gave rise to the lien has been corrected and has not recurred, and (ii) no other code violations concerning the property which was the subject of the violation exist. Board lacks authority in granting relief today. Staff advised board that a permit to demolish structure was in the applied status and even though reviewed by building official due to lack of licenses not brought in by contractors the building department could not hand over an approved permit. Board discusses the possible scheduling of a special meeting in order to expedite relief once in compliance.

 

Motion: Special meeting be held when ready to submit.

Moved by Barry Asmus. No second.

 

Case(s): 7-12-10127; 7-12-10130; 7-12-10134; 7-12-10135

Owner: NL Consulting, Corp

Address: 163 NW 101 St.

 

Nicholas Lampariello was present on behalf of NL Consulting as president and mentioned they bought property with code violations and because of bad contractors they were not able to complete work as fast as they wanted to. Board analyzes date of purchase and dates of compliance. Offer to pay $4000 within 30 days.

 

Motion: Upon receipt of $6000 payable within 60 days the liens be released.

 

Moved by Barry Asmus, Seconded by Barry Perl.

Vote: Motion passed unanimously. (Summary: Yes = 5, No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga.

No: Chairman Robert Vickers.

 

Board reviews new calendar dates. Change July 3rd meeting to July 10th, 2014.

Board approves unanimously.

 

Motion to approve September minutes.

Moved by Barry Asmus, Seconded by Barry Perl

Motion approved unanimously.

 

 

Attorney Richard Sarafan advised board that village council heard and passed on first reading an ordinance that addresses certain recurring problems such as restrictions that a violation be cured before it can be presented to board for relief. Current restrictions do not allow a fine to be mitigated by board if a property is not in compliance. Ordinance will allow Village Manager in his discretion to make appropriate accommodations in appropriate cases along with requirement of a written recommendation by Code Supervisor and Village Attorney and is limited to certain types of relief.

 

 

NEXT MEETING

The next meeting will be on November 07, 2013

Motion to adjourn meeting.

Moved by Barry Asmus, seconded by Barry Perl

Motion passed unanimously.

 

ADJOURNMENT

October 03, 2013 Code Board meeting was adjourned at 9:15pm

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman