LimeBike Memorandum of Understanding

Code Enforcement Board Meeting October 2, 2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, October 2, 2014

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 2, 2014, 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

 

FIRST HEARING

 

Case7-14-12920

Name: Alvin Velasco

Address: 749 NE 95 St

Code Sec. 6-4(a)

 

Mr. Velasco was present. Mr. Orta summarized case and submitted photo evidence.  Chairman Vickers asked questions.  Mr. Velasco disagreed with the violation stating that this is a continuation of a courtesy notice he received a year ago. Mr. Velasco testified that after cleaning the roof it started leaking in several places.  Mr. Velasco stated he started to paint the roof to provide damaged control for the leaky roof.  Mr. Orta testified that the roof paint was a different color than the original color. The board asked questions of both Mr. Orta and Mr. Velasco.  Mr. Orta asked to table the case given the complexity of the violation. 

 

Motion:  With respect to Case 7-14-12920, I move to table to November 6, 2014 meeting.

Moved by Barry Perl, seconded by Rod Buenconsejo

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

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

No: Barry Asmus

 

Summary Adjudication for 1st Hearings : Case(s): 3-14-12464, 3-14-12465, 6-14-12777, 6-14-12778, 7-14-12932, 7-14-12933, 8-14-12991, 8-14-12993, 8-14-12994, 8-14-12995, 8-14-13002, 8-14-13003, 8-14-13008, 8-14-13009, 8-14-13010, 8-14-13012.

 

  

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 approved unanimously

 

 

PENALTY HEARING

 

Case-5-13-11439

Name: Oscar & Suellen Sastoque

Address: 9716 NE 5 Ave Rd

Code Sec6-4(a)

 

Mrs. Suellen Sastoque was present.  Code Officer Flores gave a brief summary of the case and a timeline of the current conditions.  Mr. Perl recuses himself from this case noting that he had a financial interest with the property owner. Mrs. Sastoque gave a brief summary of what had taken place in order to obtain permits.  The board asked question regarding the violation.  The board discussed the case.

 

Motion: With respect to case 5-13-11439 the 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 of the property of the violator.

 

Moved by Barry Asmus, seconded by Manny Quiroga

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

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

Abstain: Barry Perl

 

 

Summary Adjudication for Penalty Hearings: Case #’s: 4-14-12585, 5-14-12739, 6-14-12814, 6-14-12837, 7-14-12871, 7-14-12873, 7-14-12898, 7-14-12899, 7-14-12937, 7-14-12940, 7-14-12941, 7-14-12943, 7-14-12944, 7-14-12945, 7-14-12946, 7-14-12950, 8-14-13019, 8-14-13021.

 

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 Bob Smith, seconded by Rod Buenconsejo

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case(s): 10-13-11897

Owner: Ofir Malul

Address: 1700 NE 105 St #110

 

Sara Geffner, assistant to Mr. Malul was representing his case. Mr. Vickers gave a brief summary of the application. Ms. Geffner gave testimony of the case and what transpired regarding the permits, work and the inspections. The board asked questions. Ms. Geffner stated the property is for sale and due to close. Ms. Geffner proposed to pay $1,300 payable within 30 days.

 

Motion: $ 1,300 payable within 30 days

Moved by Barry Perl, seconded by Rod Buenconsejo

Vote: Approved (yes = 7; no = 0)

Motion passes unanimously

 

 

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

Owner: Cherie Montanez-Perez

Address: 9310 Biscayne Blvd

 

Attorney Barry Shevlin represented the property owner. Mr. Shevlin gave a brief history of the property and the multiple deaths regarding the owners. The board asked several questions. Mr. Shevlin stated the property has been foreclosed and there is a pending sale. Mr. Shevlin amended his offer to $1,500 payable within 15 days. Offer fails for lack of a motion.

 

 

Case 2-08-3503; 6-10-7245

Owner: Madison Bradley Holding, LLC

Address: 141 NE 104 St

 

Owner Zandra Madero was present. Chairman Vickers gave brief summary of request. Ms. Madero company purchased the property about a month ago and has pulled permit to remodel the property. Ms. Madero does not currently live at the property but her intentions are to reside there. The board asked questions. Ms. Madero proposed $500.00 payable within 30 days. Offer fails for lack of a motion.

 

 

Case 5-14-12624

Owner: Gerardo Piniero & Beatriz Borregales

Address: 1532 NE 104 St

 

Sergio Moreno was representing owner. Chairman Vickers gave a brief summary of request. Mr. Moreno gave testimony in regards to the violation. The property is currently rented. The board asked questions. Mr. Moreno proposed to pay $400.00 payable within 30 days.

 

Motion: $400.00 payable within 30 days

Moved by Bob Smith, seconded by Rod Buenconsejo

Approved (yes = 5, no = 2, abstain = 0)

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

No: Barry Asmus, Manny Quiroga

 

 

Case 6-09-5888, 6-09-5889, 6-09-5890, 2-11-8181, 2-11-8177, 2-11-8179, 8-11-8843, 10-12-10508

Owner: Leonard Pearson

Address: 246 NE 103 St

 

Attorney Alan Schneider representing Mr. Pearson who was present. Mr. Vickers gave a summary of request. Mr. Schneider summarized that Mr. Pearson was only responsible for only 3 of the 8 liens and gave an explanation for each of the violations. Mr. Schneider claims Mr. Pearson worked diligently to cure all violations. Mr. Leoni, contractor hired by Mr. Pearson testified that all permits were pulled and work taken care of. The board asked questions. Mr. Sarafan asked question to Code Officer Flores regarding emails and discussion he had with Mr. Pearson. Mr. Pearson testified to several of the violations. The board asked several more questions to Mr. Pearson. Mr. Sarafan asked Mr. Pearson several questions. Mr. Schneider amended his offer to $3,500 payable within 30 days. Offer fails for lack of a motion.  

 

 

Case 8-10-7540; 8-10-7544; 8-13-11696

Owner: Alykay Investment, LLC

Address: 9035 NE 5 Ave

 

Richard Hector property owner and Mr. Dipuglia contractor of the property owner were present.  Mr. Hector is the treasurer of Alykay Investments.  Mr. Vickers gave a summary of the request.  Mr. Hector explained the violations and what he did to comply with the violation, he also testified to the lawful remodeling of the property. Mr. Dipuglia explained the additional work that went into repairing the property.  The board asked questions. Mr. Hector proposed $4,000 payable within 30 days.

 

Motion: $4,000 payable within 30 days

Moved by Bob Smith, seconded by Barry Perl.

Approved (yes = 4, no = 3, abstain = 0)

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

No: Barry Asmus, John Patnik, Rod Buenconsejo

 

Case 11-13-12119, 11-13-12120

Owner: IH2 Property Florida LP

Address: 143 NW 110 St

 

Michael Garrett representing IH2 Property. Mr. Vickers gave a brief summary of the request.  Mr. Garrett briefly explained what occurred during the time of the violation.  The board asked questions.  Mr. Garrett proposed to $2,790 payable within 30 days.

 

Motion: $2,790 payable with 30 days

Moved by Rod Buenconsejo, seconded by Barry Perl

Approved (yes = 6, no = 1, abstain = 0)

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

No: Manny Quiroga

 

 

Case: 8-13 11710

Owner: Claudio Pellegrino & Eli Martinez 

Address: 140 NE 93 St

 

Mr. Pellegrino and Ms. Martinez were present. Mr. Vickers gave a brief summary of the request. Mr. Pellegrino gave an explanation of the violations.  The board asked questions. Mr. Pellegrino amended his offer to $1,150 payable within 60 days.

 

Motion: $1,150 payable within 60 days

Moved by Rod Buenconsejo, seconded by Barry Perl

Motion passed unanimously

 

MINUTES

Code Enforcement Board September 2014 minutes were approved.

 

Moved by Manny Quiroga seconded by Barry Asmus

Approved unanimously

 

NEXT MEETING

The next meeting will be on November 6, 2014

 

ADJOURNMENT

October 2, 2014 Code Board meeting was adjourned

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman