LimeBike Memorandum of Understanding

February 5, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES

 

   Thursday, February 5, 2015

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 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: Robert Vickers, Barry Asmus, John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo, Barry Perl

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, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Jesus Suarez, Acting Village Attorney

Mariana Gracia, Secretary

 

FIRST HEARING

Summary Adjudication for 1st Hearings: Case(s): 10-1413272; 10-14-13276; 10-14-13294; 10-14-13301; 10-14-13307; 10-14-13318; 10-14-13379; 10-14-13380; 10-14-13382; 10-14-13383; 10-14-13384; 10-14-13401; 10-14-13402; 10-14-13410; 11-14-13431; 11-14-13433; 11-14-13435; 11-14-13436; 11-14-13494; 11-14-13498; 12-14-13523; 12-14-13535; 12-14-13542; 12-14-13550; 12-14-13555; 5-14-12655; 5-14-12656; 5-14-12657; 5-14-12658; 5-14-12660; 7-14-12919; 8-14-13035; 9-14-13167; 9-14-13172; 9-14-13215; 9-14-13217; 9-14-13218.

 

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 Asmus

Motion: Passed Unanimously

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

 

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings: Case #’s: 10-14-13230; 10-14-13265; 10-14-13391; 6-14-12804; 7-14-12929; 7-14-12930; 7-14-12958; 8-14-13041; 8-14-13117; 9-14-13190; 9-14-13193; 9-14-13208.

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

Vote: Passed Unanimously

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

 

REQUEST FOR RELIEF

 

 

Case(s): 5-11-8608; 6-13-11536; 6-13-11537

Owner: John Reed, Marilyn & Skip Reed

Address: 270 NE 104th Street, Miami Shores, FL 33138

Edward Reed, John Reed’s father was present and testified that Mr. John Reed had been in and out of the hospital. Mr. Edward Reed testified that Mr. John Reed had applied for all the permits. He said that the house was in foreclosure. The Board asked questions and clarified that Cristina Reed had signed for the Notice and Enforcement Order.

 

 Motion: With respect to cases 5-11-8608; 6-13-11536; 6-13-11537 I move that upon payment of $10,500.00 within 30 days that the liens on this property be released.

Moved by Chairman Vickers, seconded by Bob Smith

Vote: Denied (Yes=2, No=5, Abstain=0)

Yes: Robert Vickers, Bob Smith

No: Rod Buenconsejo, Manny Quiroga, Barry Perl, Barry Asmus, John Patnik

 

Case(s): 12-11-9317; 12-07-3292

Owner: Camille Denis

Address: 10330 NW 2nd Avenue, Miami Shores, FL 33138

Mr. Denis was present and testified that his wife abandoned the house then she passed away. He testified that the house was empty for 3 to 4 years. He also said that all the repairs were made. The Board asked questions. Mr. Denis offered to pay $1.00 to release the liens.

The offer failed for lack of motion.

 

Case(s): 3-07-1821

Owner: Kenneth Wilkinson

Address: 225 NE 105th Street, Miami Shores, FL

Mr. Kenneth Wilkinson testified that they purchased the home then found that the house had many violations. David testified that they had exhausted most of their funds in the process of correcting the violations. They had the intention to pay until they found out they had all these extra violations. Mr. Flores clarified that the violations are not violations until the Board finds so. The Board asked questions.

 

 

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

Moved by Barry Pearl, seconded by Manny Quiroga

Vote: Passed

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

No: Barry Asmus, Rod Buenconsejo

 

Case(s): 9-13-11820; 11-13-12091; 4-14-12500; 1-07-1473; 5-09-5728; 5-09-5729; 5-09-5727

 Owner: James & Yamileth Pozo

Address: 11028 NW 2 Avenue, Miami Shores, FL 33168

Mr. James Pozo was present and testified that he had purchased the property in 2009. He said that he was not aware of the previous violations. He knew about the kitchen remodeling and the washer and dryer. The septic tank was left uncovered. The broken pipe was also fixed and everything was brought into compliance. He said that it took months before he got the permits. He testified that he inherited all but three of the violations. The Board asked questions. Code Enforcement Officer Anthony Flores testified. The Board asked more questions.

 

Motion: With respect to cases 9-13-11820; 11-13-12091; 4-14-12500; 1-07-1473; 5-09-5728; 5-09-5729; 5-09-5727 I move that upon payment of amended amount of $5,000.00 within 30 days that the liens on this property be released.

Moved by Chairman Vickers, seconded by Bob Smith

Vote: Passed (Yes=4, No=3, Abstain=0)

Yes: Robert Vickers, Bob Smith, Manny Quiroga, John Patnik

No: Rod Buenconsejo, Barry Perl, Barry Asmus

 

Case(s): 2-09-5449

Owner: Ernesto Hernandez

Address: 9404 N. Miami Avenue, Miami Shores, FL

Mr. Ernesto Hernandez was present and testified that he had a kitchen remodeled. Mr. Vickers addressed the issue of personal information to be destroyed after the meeting. The Board asked questions. Mr. Hernandez testified that he had only put in new appliances and resurfaced the cabinets. The Board asked more questions.

 

Motion: With respect to cases 2-09-5449 I move that upon payment of $100.00 within 30 days that the liens on this property be released.

Moved by Bob Smith, seconded by None

Vote: Failed for lack of a Second

Abstained: Barry Perl

No Vote taken

 

 Case: 4-07-1907

Owner: Guillermo Feliz

Address: 1200 NE 96 Street, Miami Shores, FL

Julio Marrero, Esq. and Mr. Guillermo Feliz were present. Julio Marrero, Esq. proceeded to defend the fact that Mr. Feliz had installed in front of the house. He said that Mr. Feliz had a contractor take down the fountain. That his client was shocked when he learned that there was a lien on the property. Mr. Feliz testified that he took down the fountain. The Board asked questions. Code Enforcement Officer Mike Orta testified that he had many conversations with Lorenzo (contractor). The Board asked questions. Julio Marrero, Esq. pointed out that proper notice was not given. He said that the offer they made was based on the full amount. The Board asked more questions.

 

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

Moved by Barry Pearl, seconded by Bob Smith

Vote: Passed

Yes: Manny Quiroga, John Patnik, Bob Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus

 

 

Case: 1-09-5310; 1-09-5311; 1-09-5314; 1-09-5315; 4-10-6954

Owner: Alykay Investments

Address: 150 NE 109th Street, Miami Shores, FL

Mr. Richard Hector the owner was present. Mr. Hector testified that he was an investor and he was going to make just as much as the Village on this case. The Board asked questions. Code Enforcement Officer Flores testified that the property was brought into compliance right away. The home was in bad condition and Mr. Hector made it beautiful. The Board asked questions.

 

Motion: I move that upon receipt of $15,000.00 payable within 30 days that the lien on this property be released

Moved by Barry Pearl, seconded by Bob Smith

Vote: Passed

Yes: Manny Quiroga, John Patnik, Bob Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus 

 

Case: 12-11-9429

Owner: Yvan & Kettly Frederick

Address: 9325 NW 2 Ct., Miami Shores, FL

 

Mr. Yvan Frederick was present and testified that he did not get proper notice. The Board asked questions. Code Enforcement Officer Mike Orta testified that the house looks good. The Board asked questions.

 

Motion: I move that upon receipt of $1,500.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Bob Smith

Vote: Passed

Yes: John Patnik, Bob Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus, Manny Quiroga

 

MINUTES

Code Enforcement Board December 4, 2014 minutes were approved.

Moved by John Patnik -   Seconded by Bob Smith

Approved unanimously

 

NEXT MEETING

The next meeting will be on March 5, 2015

 

ADJOURNMENT

February 5, 2015 Code Board meeting was adjourned

________________________________               _____________________________   Anthony Flores, Code Enforcement Supervisor                                 Robert Vickers, Chairman