LimeBike Memorandum of Understanding

March 5, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES 

 

   Thursday, March 5, 2015

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 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

Richard Sarafan, Village Attorney

Mariana Gracia, Secretary

 

FIRST HEARING

 

Summary Adjudication for 1st Hearings: Case(s): 10-14-13417; 10-14-13419; 11-14-13511; 11-14-13512; 1-15-13560; 1-15-13561; 1-15-13564; 1-15-13565; 12-14-13545; 12-14-13551; 2-15-13620; 2-15-13657; 8-14-12990; 9-14-13181.

 

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 Rod Buenconsejo

Motion: Passed Unanimously

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

 

PENALTY HEARING

 

Cases: 5-14-12655; 5-14-12656; 5-14-12657; 5-14-12658; 5-14-12660

Owner: Richard Effs

Address: 912 NE 95th Street

Mr. Richard Effs was present. The Board asked questions. Mr. Effs testified that he had a lot of problems with DERM and getting the permits approved. Mr. Sarafan asked questions. The Architect Ed Landers. The Board asked more questions to Officer Mike Orta. Mr. Orta testified that he rather the Building Department address the issue being that the violation is related to a garage enclosure. The Board discussed the cases. The Board asked questions regarding the reason why cases were not closed. The Board asked more questions. Mr. Effs testified that the DERM permit was related to the septic tank. Mr. Sarafan clarified the issue before the Board. The Board asked questions. Officer Orta made some clarifications regarding the cases. The Board asked questions to Officer Orta. The Board made comments and made more questions.

Motion:With respect to cases 5-14-12655; 5-14-12656; 5-14-12657; 5-14-12658; 5-14-12660 I move that these cases be tabled until our next meeting.

Moved by Barry Perl, seconded by Manny Quiroga

Vote: Passed (Yes=4 to No= 3

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

No: Barry Asmus, Rod Buenconsejo, Robert Vickers.

 

Summary Adjudication for Penalty Hearings: Case #’s: 10-14-13272; 10-14-13294; 10-14-13301; 10-14-13307; 10-14-13318; 10-14-13380; 10-14-13382; 10-14-13383; 10-14-13401; 10-14-13402; 10-14-13410; 11-13-12095; 11-14-13431; 11-14-13433; 11-14-13435; 11-14-13436; 11-14-13494; 12-14-13523; 12-14-13535; 12-14-13542; 12-14-13550; 12-14-13555; 3-14-12473; 5-14-12653; 7-14-12920; 7-14-12947; 7-14-12948; 8-14-13035; 9-14-13167; 9-14-13172; 9-14-13180; 9-14-13215; 9-14-13217; 9-14-13218.

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

Yes: Barry Asmus, Rod Buenconsejo, Barry Perl, John Patnik, Manny Quiroga,

Robert Vickers, Bob Smith.

 

 REQUEST FOR RELIEF

 

Mr. Sarafan informed the Board regarding the procedure that the Board should follow when making a vote.

 

Case(s): 2-13-10945; 8-14-13008; 8-14-13010

Owner: Franz Rivera, Jasmin Rivera

Address: 10255 Biscayne Blvd., Miami Shores, FL

 

The Board read into the record the violations. Mr. Rivera testified as to the violations and extenuating circumstances that contributed to their non-compliance in these cases. Mr. Sarafan testified as to the unity of title issue with their lots and how long it took for the bank to provide this form. There was some confusion with the different lots and where the liens began. The shed and the deck were done by his wife and a final inspection was done. The general contractor testified that they had applied for all permits while waiting for unity of title. He also testified that for the fence permit they had to wait for unity of title and that was the delay. Officer Flores testified as to the way the fence was put in without permit. He spoke to Mrs. Rivera as far as the need to get a permit for the deck. The Board asked questions.

 

Motion: With respect to cases 2-13-10945; 8-14-13008; 8-14-13010 I move that upon payment of $10,000.00 within 30 days that the liens on this property be released.

Moved by Mr. Perl, seconded by Mr. Buenconsejo

Vote: Passed (Yes=6, No=1, Abstain=0)

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

No: Barry Asmus

 

Case(s): 8-09-6019; 12-07-3347; 12-07-3348; 10-12-10498

Owner: Cherie Montanez-Perez

c/o Shevlin & Atkins, Attorneys at Law

1111 Kane Concourse, Suite 619, Bay Harbor Islands, FL 33154

Address: 9310 Biscayne Blvd., Miami Shores, FL 33138

 

Attorney Pollack was present. The Board read into the record the cases in consideration. Mr. Pollack testified that Ms. Cherie Montanez-Perez did everything in her power to bring the violations into compliance. The house was previously in foreclosure. The attorney testified that Ms. Montanez intends to live in the house. The Board asked questions. Mr. Pollack testified that Ms. Montanez was in a financial bind. The Board asked questions. Mr. Sarafan gave some information regarding the modification procedure. Mr. Pollack testified that a lot of the fines accrued were really a surprise to Ms. Montanez. The Board asked questions.

 

Motion: Upon receipt of $12,500.00 payable within 60 days that the lien be released

Moved by Barry Perl, seconded by Rod Buenconsejo

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

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

No: Barry Asmus, John Patnik

 

 

Case(s): 9-09-6203

Owner: Louise Alexandre

Address: 601 NW 112 Street, Miami Shores, FL 33168

 

Gina Franzua was present to interpret for her aunt Ms. Louise Alexandre. Ms. Alexandre spoke creole only. The Board asked questions. Gina Franzua proceeded to explain to her aunt about the form she had signed. Mr. Alexandre answered that she understood what she had signed. The interpreter proceeded to explain that her aunt was a housewife and did not understand about the lien. Ms. Franzua interpreted for her aunt what had just transpired. The interpreter went on saying that the roof leaking was what brought to light the lien on the house. The Board asked questions. Gina Franzua proceeded to ask her aunt about the lien. Ms. Alexandre responded in creole that she never knew about the lien until she tried to get her roof fixed. The Board asked questions. Ms. Franzua explained that she had just started to help her aunt clean up the trash. The Board asked questions. Officer Flores answered that he had spoken to someone about two weeks ago. The Board proceeded with more questions. Ms. Alexandre spoke to the interpreter about the violation. The interpreter asked Ms. Alexandre and she said she did not understand. The Board asked questions. Officer Flores testified that the annexed area had been visited by Code Enforcement, Police Dept., and Public Works with interpreters. The Board asked questions and made suggestions. Mr. Sarafan addressed the issues that were brought up. The interpreter explained that her aunt only gets 1,000.00 a month for her expenses. Ms. Alexandre proceeded to talk in creole. The Board asked questions.

 

Motion: Upon receipt of $5,000.00 payable within 180 days that the lien be released

Moved by Barry Perl, seconded by Bob Smith

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

Yes: Bob Smith, Barry Perl, Chairman Vickers

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

 

 Case(s): 3-11-8346; 2-13-10900

Owner: Miami Property Solutions & Miller

Address: 38 NW 108 Street, Miami Shores, FL

 

Mr. Miller testified that the house was bought with violations in place. He said that it has been a challenge to finish this project. All permits have been submitted which included DERM permits which was a challenge. Mr. Sarafan attested to the fact that DERM does take a long time to issue permits. The Board asked questions. Mr. Miller testified that the house it’s on the market for 469,000.00. The Board asked questions. Mr. Miller testified that it took him a year to get all the permits. The Board asked questions.

 

Motion: I move that upon payment of $5,800.00 within 60 days that the liens on this property be released.

Moved by Rod Buenconsejo, seconded by Bob Smith

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

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

No: Barry Asmus, John Patnik, Manny Quiroga

 

 

 Case: 2-09-5449

Owner: Ernesto Hernandez

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

 

Mr. Hernandez was present and testified that he would amend his offer to $1,100.00. The Board asked questions. Mr. Sarafan read into the record the letter submitted by Mr. Fernandez in a previous submission for Request for Relief. The Board asked questions.

Motion: I move that upon receipt of $1,100.00 payable within 30 days that the lien be released

Moved by Manny Quiroga, seconded by Bob Smith

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

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

No: Barry Asmus

Abstain: Barry Perl 

 

 

Case: 4-14-12585

Owner: Carlos Harrison

Address: 10600 NE 10 Ct., Miami Shores, FL 33160

 

Mr. Harrison testified that he did not know about the fines. The Board asked questions. AC1 Contractors was the painter. The Board asked questions. He pulled the permits ones he was in town. 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 Manny Quiroga  

Vote: Passed Unanimously

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

 

 

Case: 1-11-8099

Owner: Isaias Cruz

Address: 9817 N. Miami Avenue, Miami Shores, FL

 

Mr. Cruz testified that the garage enclosure was there when he bought the property. He added that the Code Officer had asked him to return it to the original configuration or get the permit. He spoke to the Building Department. The garage was completely redone and enhanced the property. He even went to the Planning and Zoning Department. This was the only case that was not in compliance. The Board asked question. Mr. Sarafan clarified that he bought the house without knowledge of the garage enclosure. The Board asked questions. Officer Orta testified that he had given Mr. Cruz many extensions to bring the case into compliance. The Board asked questions. Officer Orta testified that there was nothing that would indicate that this was done by a previous owner. Mr. Cruz testified that this was something that he had inherited. The Board asked questions. Mr. Cruz answered that he did take some time but that he was doing all possible to come into compliance.

 

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

Moved by Manny Quiroga, seconded by Barry Perl    

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

Yes: Manny Quiroga, Bob Smith, Barry Perl

No: John Patnik, Barry Asmus, Rod Buenconsejo, Chairman Vickers.

 

Case: 3-11-8274; 3-11-8277

Owner: Patrick Lubin & Laremise Movestine

Address: 11121 NW 6th Avenue, Miami Shores, FL 33138

 

Mr. Patrick Lubin and Ms. Laremise Movestine were present. Ms. Movestine testified that she did not come in to take care of the problem as soon. Mr. Sarafan read into the record the letter submitted in Ms. Movestine’s previous Request for Relief. The Board asked questions. Ms. Movestine testified that she had to evict the renters because they did not pay. She testified that she now has a management company managing the property. The Board asked questions.  

 

Motion: I move that upon receipt of $8,000.00 payable within 30 days that the lien on this property be released

Moved by Barry Perl, seconded by Bob Smith    

Vote: Passed (Yes=6, No= 1, Abstain= 0)

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

No: Barry Asmus 

 

Case: 10-13-12079

Owner: RW Holdings Group, LLC

Address: 9306 NE 9th Avenue, Miami Shores, FL 33138

 

Jose Raposo, Esquire was present. He testified that originally this was going to be an investment but they decided for it to become their homestead. Mr. Raposo testified that they had diligently been trying to bring this into compliance. The Board asked questions and made comments. Mr. Raposo testified that this was a very problematic address. The Board asked questions.

 

Motion: I move that upon receipt of $2,500.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Barry Perl    

Vote: Pased Unanimously

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

 

 

Case: 8-11-8892

Owner: Yngwie Malmsteen

Address:1009 NE 94th Street, Miami Shores, FL 33138

 

Joe Carlano, Esquire was representing Mr. Malmstein and was present. He testified that he was neighbors with Mr. Malmstein. The Board asked questions.

 

Motion: I move that upon receipt of $1,000.00 payable within 30 days that the lien on this property be released

Moved by Manny Quiroga, seconded by Barry Perl    

Vote: Passed (Yes=6, No= 1, Abstain= 0)

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

No: Barry Asmus

 

MINUTES

Code Enforcement Board February 5, 2015 minutes were approved with amendment.

Moved by Barry Perl -   Seconded by Rod Buenconsejo

Approved unanimously

 

Mr. Sarafan gave a brief presentation as to the times that the Village Attorney shall give his advice. The Board commented on the issue.

 

NEXT MEETING

The next meeting will be on April 2, 2015

 

ADJOURNMENT

March 5, 2015 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                               Robert Vickers, Chairman