Code Enforcement Minutes - November 1, 2018

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

 

  Thursday, November 1, 2018

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 1, 2018, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

Roll Call.

 

 

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

 

 

Absent: Mr. Ronnie Guillen.

 

 

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 # 4-18-17675

Pedro Peralta on behalf of Mariana Peralta

250 NE 105 Street

 

 

Mr. Peralta on behalf of Mariana Pearalta. Mr. Peralta would like to request 60 days to comply.

The Board asked questions.

 

 

Motion by Mr. Huber for 60 days continuance, seconded by Ms. Coia and the vote passed 5-0

 

 

Summary Adjudication for 1stHearings:Case(s): 7-18-18181; 8-18-18331; 8-18-18334; 8-18-18337; 9-18-18384; 019479-2018.

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 Ms. Gladys Coia

Vote: Motion was approved 5-0

Mr. Robert Vickers, Mr. Patrick Huber, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Robert Smith.

 

 

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

 

 

Case #019479-2018

Francisco Gaviria

10635 NE 10thCt.

 

 

Mr. Gaviria was not present or no one on behalf of the violator. The violation is for Code Sec.: 5-25 Leash or other Control of Dogs Required and Code Sec.: 2-79 Enforcement procedures.

 

 

The following Witnesses were present to testify:

 

 

1.      Ms. Marylou Maguire - She testified she lives near and attested to being afraid of the dogs.There have been police reports.Ms. Maguire is very afraid of the dogs and have taken precautions to protect themselves.

 

 

The Board asked questions.

 

 

Officer Lazaro Remond explains what he would like the Board to resolve tonight. He explained what the code section means. He would like to have it adjudicated as a first offense. There is a final on building a fence to address the dogs coming out.

 

 

Mr. Sarafan said that, The issue is dogs are off the leash running wild is the violation.

 

 

2.      Ms. Janet Goodman - of 1174 NE 105 Street – She is a dog trainer that has knowledge of the dogs running wild.She posed a question as to what the neighbors need to do.She is aware of the issue via media postings.

 

 

Officer Lazaro Remond gave instructions as to who to call and what to do if the dogs are running at large.

 

 

3.      Mr. Robert Alexander – 10619 NE 10thCourt – Is a neighbor and testified that this has been going on for some time.He has a dog and has to protect his dog from Mr. Gaviria’s dogs running at large.It his opinion that Mr. Gaviria has no concern about the issue.

 

 

4.      Mr. Bret Firestone – 10651 NE 1 Court – He lives close by and has seen the dogs.He has assisted in letting the dogs back in their property.He share the same concern as his neighbors.He thinks this is a nuisance.He is here to support of his neighbors and to express his concern.

 

 

5.      Mr. George Mello – 1070 NE 105 – Is here to bare witness and in support of his neighbors.He testified that the dogs have been running loose.

 

 

The Board asked if there are any pictures of these dogs running loose. Staff testified that yes there are pictures.

 

 

Staff is recommending the existing of the violation and if it re occurs then is a repeat offense and can be placed on the next agenda.

 

 

Motion for summary adjudication for case #019479-2018 for finding in fact in conclusion of law that an irreparable violation exists and that the violation it’s been cured and a fine is hereby assessed for $250.00 further with respect to this case a cost for 30.00 for the village’s expense to prosecuting the violation to date. Motion made by Mr. Huber, seconded by Ms. Coia and the Motion passed 5-0.

 

 

PENALTY HEARING

Case # 8-18-18258

Miami Shores Villas LLC

1280 NE 105 ST

 

 

Mr. Cori Rider was present and testified. He would like to ask for an extension to complete the job.

Officer Lazaro Remond testified that the violator has been in contact with the Building Official and he is going to apply for the permits. He recommends 4 months extension.

The Board asked questions.

 

 

Motion to give an extension of 120 days made by Mr. Huber, seconded by Mr. Buenconsejo and the vote passed 5-0

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 3-18-17547; 8-18-18341; 8-18-18347; 3-18-17466; 4-18-17576.

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. Rod Buenconsejo, seconded by Mr. Patrick Huber

Motion carries 5-0

 

 

REQUEST FOR RELIEF  

749 Grand Concourse

No Show for Request for Relief

 

 

MINUTES

Minutes for October 4, 2018

Motion to approve the October 4, 2018 minutes; Made by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo, and the Motion passed 5-0.

 

 

DISCUSSION:

1-     Resolution of the Miami Shores Village Code Enforcement Board Authorizing the Village Attorney to Foreclose on Code Enforcement Liens. Mr. Sarafan proposed the Resolution and gave a brief presentation.

The Board asked questions. Mr. Sarafan explained what the result of a foreclosure means. The reason for this resolution is due to the fact  that there are pending litigations that need this Resolution. Mr. Sarafan gave a brief explanation of the pending litigations.

The Board asked questions. The Board requested a report from Council regarding these foreclosures.

 

 

Motion to approve the Resolution made by Mr. Rod Buenconsejo, seconded by Mr. Patrick Huber and the Motion passed 5-0.

2-     Lazaro Remond discussed the Administrative fee with the Board.

 

 

NEXT MEETING

The next meeting will be on December 6, 2018

 

 

ADJOURNMENT

November 1, 2018 Code Board meeting adjourned.

 

 

________________________________                                    _____________________________

Lazaro Remond, Code Compliance Director                             Robert Smith, Chairman