Code Enforcement Minutes - February 7, 2019

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

 

  Thursday, February 7, 2019

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 7, 2019, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Vice Chairman, Rod Buenconsejo.

 

 

Roll Call.

 

 

Present:Mr. Robert Vickers, Mr. Patrick Huber, Ms. Darci Cohen, Ms. Gladys Coia, Chairman Rod Buenconsejo.

 

 

Mr. Ronnie Guillen came in at 6:10 PM

 

 

 

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

 

 

Richard Sarafan, Village Attorney

Lazaro Remond, Code Compliance Director

Michael Orta, Code Compliance Officer

Mariana Gracia, Code Enforcement Clerk

 

 

FIRST HEARING

Case # 000226-2019

Theodore, Mariatar

282 NW 111 Terrace

 

 

The Code Compliance Director, Lazaro Remond, testified as to the violations considered for this case. Mr. Daniel Geomatis for Ms. Mariatar Theodore. Staff testified that Mr. Geomatis is the person that he has been talking. Mr. Geomatis agrees that there are violations. Staff testified as to the things that need to comply the violations. The Board asked questions. Mr. Geomatis testified that he had been working to remove the violations. He will do everything possible to comply the violations. Staff went over the violations and showed pictures of them. Four months to comply is what Mr. Geomatis asked for to comply, and Staff agrees. The Board asked questions. Staff explained why four months is the time recommended by Staff. There was a brief explanation of the annexed area by Mr. Sarafan. The Board asked questions.

 

 

Motion by Mr. Huber, with respect to case 000226-2019 I move for finding of fact in conclusion of law that there exists a violation of the aforementioned sections of the Miami Shores Village Code, The offending party shall such violations within 120 days and shall immediately notify Code Enforcement Officer when the property is brought into compliance, if the violation is not brought into compliance at the time the Code Enforcement Officer may report back to the Board and in such event a fine is automatically authorized to be assessed cost in the amount of $50.00 is assessed to recoup the Village’s expense of this violation to date and $50.00 per violation.

 

 

Motion: Mr. Patrick Huber, Seconded by Mr. Robert Vickers and the Motion unanimously approved.

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chairman Rod Buenconsejo.

 

 

Case # 000160-2019

Castant, Wentchell J

581 NW 112 Street

 

 

Ms. Vierla Castant was present of behalf of Wentchell J. Castant. She states that the property is a duplex and she lives in one of the duplex. Lazaro Remond testified that he had been in contact with the resident and read in all the violations for this case. He recommended 120 days for the violator to come into compliance. Mr. Sarafan asked questions. Ms. Castant agrees that there are violations. She said that the dirty sidewalk that has already been fixed. She went over the violations that she still needed to fix. She feels she needs more time because of the parking. Mr. Remond states that this violation requires a permit that will give them extra time to comply. The Board went over the six violations stated in this case and asked Ms. Castant if she understands this. Ms. Castant indicates she understands. The Board asked to see the photos. The Board asked questions. Mr. Sarafan states that under our Code residents are required two parking spots on their property. The Board asked questions about how Ms. Castant is going to cure some of the violations. Discussion took place at this time about how much time to allow curing the violations. The Board asked when the homeowner were aware that they needed a new driveway. The Homeowners notified a year ago, Staff responded.

 

 

Motion with respect to case 000160-2019 I move for a finding of fact in conclusion of law that there exists a violation of the aforementioned Miami Shores Village Code. The offending party shall apply for and receive a permit within 45 days and also shall correct all violations within 180 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 the time the Code Compliance Officer may report to the Board and in such event a fine is hereby authorized to be automatically assessed against the violator in the amount of $50.00 per violation a day thereafter which will constitute a lien on the property of the violator. Cost in the amount of $50.00 is hereby assessed to recoup the Villages expenses in prosecuting the violation to date.

 

 

Motion by Mr. Patrick Huber, Seconded by Ms. Gladys Coia and the Motion unanimously approved.

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chairman Rod Buenconsejo.

 

 

Case#000084-2019

Paul Tyrone Lewis

11200 NW 5thAvenue

 

 

Officer Remond testified to the violations for this case. Sharon Lewis was present to testify on behalf of her brother Paul Tyrone Lewis who is her brother. They accept that there is a violation. Officer Remond recommends 120 days to comply. The property currently rented, 30 days to replace the mailbox recommended by Officer Remond. Ms. Lewis asked questions. Officer Remond states that if there is a litigation with the Tenants he is willing to give the owner extra time. Ms. Lewis states that the car violation is a challenge and would like 90 days to comply this violation. Mr. Sarafan asked questions. Ms. Lewis gave a brief explanation of the situation with the tenant. The owners are currently dealing with this situation in order to resolve the violations. Ms. Lewis requests more time to comply the violations. Mr. Sarafan states that the property owner is ultimately the responsible party for the property. Ms. Lewis requested more time to comply. The Board asked questions. Ms. Lewis responded that the time to comply would depend on how fast of a response she receives from the Tenant. Staff said they would assist the owner with the process. The Board asked questions. Ms. Lewis explained the process of the receipt of the violation. The mailbox, the inoperable vehicle and the rubbish/garbage on the property is what needs to comply. The Board asked questions to Mr. Sarafan.

 

 

Motion with respect to case 000084-2019 I move for finding of fact that there exists a violation of the aforementioned Code of the Miami Shores the offending party shall correct all violations within 30 days and shall immediately notify the code enforcement officer when the property is brought into compliance if the violation is not brought into compliance the Code Enforcement Officer may report back to the Board and in such event a fine is hereby automatically assessed against the violator in the amount of 50.00 per violation per day a day after which will constitute a lien on the property of the violator, cost in the amount of 50.00 is hereby assessed to recoup the Village’s expenses to prosecute the violations to date.

 

 

Motion by Mr. Patrick Huber, Seconded by Ms. Darci Cohen and the Motion approved unanimously.

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chairman Rod Buenconsejo.

 

 

Case #000149-2019

Amalfy Galloso

1090 NE 105 Street

 

 

Officer Remond testified that the violation is for Noise and Maintaining a Nuisance. A police report has been created regarding the Nuisance. Officer Remond read the police report aloud. Amalfy Gayoso was present and accepts that there is a violation. Ms. Gayoso testified that the Management company they had had been fired and they have a new company now. The Board asked questions.

 

 

Motion with respect to case #000149-2019 I move for finding of fact in conclusion of law that there exists an irreparable violation of the aforementioned code of the Village of Miami Shores. The offending party has already corrected the violation. Cost in the amount $50.00 are hereby assessed to recoup the villages expenses in prosecuting the violation to date.

Motion by Mr. Patrick Huber, Seconded by Ms. Darci Cohen and the Motion unanimously approved.

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chairman Rod Buenconsejo.

 

 

Case#019833-2018

Daniela Apelliccotti

10585 NE 6thAvenue

 

 

Ms. Apelliccotti was present to testify. Officer Remond testified that this is a first offense for advertising the property for short-term rental. She is no longer renting the property. Advertising without a permit. Ms. Appelliccotti testified that she did not know that she needed a permit. There were no questions from the Board.

 

 

Motion with respect to case #019833-2018 I move for finding of fact in conclusion of law that there exists an irreparable violation of the aforementioned Miami Shores Code. Cost in the amount of $50.00 is hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

 

Motion by Mr. Patrick Huber, Seconded by Ms. Darci Cohen and the Motion approved unanimously.

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chairman Rod Buenconsejo.

Summary Adjudication for 1stHearings: Case(s): 000159-2019; 000713-2019; 019618-2018; 3-18-17525; 5-18-17793; 7-18-18105; 8-18-18318; 019505-2018; 019579-2018; 019684-2018; 019803-2018.

 

 

The officer, Lazaro Remond, 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 Mr. Patrick Huber, seconded by Darci Cohen

Vote: Motion unanimously approved.

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chair Rod Buenconsejo.

 

 

PENALTY HEARING

Case #019628-2018

Eric Afflerbach

146 NE 98 Street

 

 

Mr. Afflerbach was present to testify. Officer Orta testified that the case has not been complied. Mr. Afflerbach would like more time to get the ground cover more uniform looking. He believes that the ground cover needs more time to grow. He asked the Board for 60 more days. The Board asked questions about the time Mr. Afflerbach is asking for. Officer Orta testified that the planting is unsightly. Officer Orta testified that Mr. Afflerbach planted ground cover that was to require less maintenance. The Board asked questions. Mr. Afflerbach testified that when the ground cover grows it looks uniform. He said, is not there yet. Officer Orta testified that he met with the landscape architect and found out that the type of landscape he specializes in requires less maintenance. The Board asked questions. Mr. Sarafan asked questions. Officer Orta recommended 60 days to comply.

 

 

Motion to continue case #019628-2018 for 60 days.

Motion by Mr. Patrick Huber, Seconded by Ms. Darci Cohen and the Motion approved 4-2.

Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Darci Cohen, Ms. Gladys Coia

No: Mr. Robert Vickers, Vice Chair Rod Buenconsejo.

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 7-17-16677; 019583-2018; 019584-2018;

8-18-18248; 019617-2018.

 

 

The officer, Lazaro Remond, 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 Mr. Patrick Huber, seconded by Mr. Robert Vickers

Motion approved 5-0.

Yes: Mr. Robert Vickers, Mr. Mr. Patrick Huber, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chair Rod Buenconsejo.

Not present at this time: Mr. Ronnie Guillen

 

 

REQUEST FOR RELIEF

Case: 2-18-17325

Citi Mortgage, Inc.

338 NW 111 Terrace

 

 

Jarred Sandell representing Citi Mortgage as an authorized agent. Citi has transferred some homes to a company called Bella Development is a company that purchases notes and REO properties and then re-sells them, Mr. Sandell testified. He testified that this company has authorized him to come before the Board to request relief. Mr. Sarafan spoke about Mr. Sandell having a Power of attorney next time. The Board asked questions. Mr. Sandell gave a brief explanation as to why the property was assessed a lien.

The Board asked questions.

 

 

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

Moved by Mr. Robert Vickers, seconded by Ms. Gladys Coia

Vote: Motion Passed 4-1

Yes: Mr. Robert Vickers, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chair Rod Buenconsejo

No: Mr. Patrick Huber

 

 

 MINUTES

Minutes for December 6, 2018

Motion to approve the December 6, 2018 minutes made by Mr. Patrick Huber, seconded by Ms. Darci Cohen, and the Motion was approved 5-0.

 

 

DISCUSSION:

Mr. Sarafan asked for the appointment of a Chairman scheduled for next meeting. The Board asked Mr. Sarafan for an update to the Motel situation. Mr. Sarafan gave a brief explanation of what is happening with the Motel. The Board asked staff about the demolition permit. Staff testified that there is no contact with the Motel owner. Mr. Sarafan added that there were some criminal cases involved in this matter.

 

 

NEXT MEETING

The next meeting will be on March 7, 2019

 

 

ADJOURNMENT

February 7, 2019 Code Board meeting adjourned.

________________________________                                    _____________________________

Lazaro Remond, Code Compliance Director                        Rod Buenconsejo, Vice Chairman