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CODE ENFORCEMENT BOARD MEETING 04-5-20181 CODE ENFORCEMENT BOARD MEETING MINUTES Thursday, April 5, 2018 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 5, 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. Patrick Huber, Mr. Ronnie Gillen, Ms. Kimberly Bruce, Ms. Gladys Coia, Mr. Rod Buenconsejo, Chairman Robert Smith. Absent: Mr. Robert Vickers 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 Manager Mike Orta, Code Compliance Officer Mariana Gracia, Code Enforcement Clerk FIRST HEARING Case # 1-18-17269 Diana & David Mejia 188 NW 98 Street Ms. Mejia testified that the Insurance Company was working on this case. She needs more time due to the Insurance delay. Staff testified that they will work with Ms. Mejia to get this resolved. Staff recommends a continuance of this case. The Board asked questions. Motion with respect to case 1-18-17269 to continue the case until the next hearing. Motion by Mr. Rod Buenconsejo Seconded by Mr. Patrick Huber The Motion passed 6-0 Case # 3-18-17549 Go Eco Homes LLC 1030 NE 105 Street Mr. Karim Lechter was present to testify on behalf of Go Eco Homes LLC. He testified that they believed they had a permit for Air B & B. They were made aware that they did not. Staff would like the Board to adjudicate. The Board asked questions. Staff testified that this property had not been in violation before. Mr. Lechter asked what are the requirements for vacation rental. Mr. Sarafan asked questions and gave information to the violator regarding Business Tax Receipt. 2 Public Comment: Mr. Robert Menge testified that there are now four of these properties renting. He mentioned that there is a quality of life issue. He spoke at length as to why this is an issue of quality of life for the residents. Mr. Sarafan gave a brief explanation as to the rules and regulations regarding this. Motion: With respect to case 3-18-17549 I move for finding of fact and conclusion of law that there exists a violation of the Miami Shores Village Code. The offending party shall correct all the violation within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. Cost in the amount of $30.00 per each case is hereby assessed to recoup the Village expenses in prosecuting the violation to this day. Motion by Mr. Patrick Huber Seconded by Ms. Gladys Coia The Motion passed 6-0 Case # 2-18-17403 Robert Domlesky 285 NE 91 Street Mr. Robert Domlesky was present and agrees that there is a violation. He testified that they had unlisted the property with Air B & B. Staff is recommending the Board adjudicates this case just as the previous case. Mr. Domlesky asked Motion: With respect to case 2-18-17403 I move for finding of fact and conclusion of law that there exists an irreversible violation of the Miami Shores Village Code. Cost in the amount of $30.00 per each case is hereby assessed to recoup the Village expenses in prosecuting the violation to this day. Motion by Mr. Patrick Huber Seconded by Mr. Rod Buenconsejo The vote passed unanimously Summary Adjudication for 1st Hearings: Case(s): 11-17-17067; 11-17-17127; 11-17-17137; 1-18- 17284; 1-18-17285; 1-18-17301; 1-18-17309; 2-18-17329; 2-18-17336; 2-18-17342; 2-18-17350; 3-18- 17445; 6-17-16538. 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, 3 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 Mr. Rod Buenconsejo Vote: Motion passed 6-0 Rental cases: 2-18-17350; 3-18-17550 Motion: With respect to case 2-18-17350; 3-18-17550 I move for finding of fact and conclusion of law that there exists an irreversible violation of the Miami Shores Village Code. Cost in the amount of $30.00 per each case is hereby assessed to recoup the Village expenses in prosecuting the violation to this day. Motion: Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo Vote: Motion passed 6-0. The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files. PENALTY HEARING Summary Adjudication for Penalty Hearings: Case #’s: 11-17-17147; 11-17-17154; 11-17-17155; 12- 17-17200; 12-17-17201; 7-17-16714. 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. Rod Buenconsejo Vote: Motion carries 6-0 REQUEST FOR RELIEF Case(s): 10-11-9090; 10-11-9092; 10-11-9091; 2-16-14972 Owner: CitiMortgage Inc. c/o Brock & Scott, PLLC Address: 515 NW 111 Street Council Jimmy Edwards on behalf of CitiMortgage, Inc. was present to testify. The property was foreclosed and the property was vacant. He testified that they are currently in compliance. Mr. Sarafan asked questions. 4 Motion: That upon receipt of $30,000.00 payable within 60 days that the lien be released. Moved by Mr. Huber, seconded by Buenconsejo Vote: Motion carries 6-0 Yes: Patrick Huber, Ronnie Guillen, Gladys Coia, Kimberly Bruce, Rod Buenconsejo, Chairman Robert Smith. Case(s): 12-07-3346; 5-13-11339; 5-13-11340 Owner: Richardo Borge & Maria E. Navarro Rull Address: 9376 NE 9th Place Mr. Richardo Borge was present and wished to testify. Mr. Borge testified that they are committed to keeping the house in compliance and beautiful. The Board asked questions. Mr. Sarafan informed the Board of the notifications in the file. The Board advised Mr. Borge that he may be able to go back to the Title Company. Mr. Sarafan informed the Board that Wells Fargo had made attempts to Request Relief before. Motion: That upon receipt of $1,500.00 payable within 60 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Ms. Gladys Coia Vote: Motion Passed 6-0 Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Mr. Rod Buenconsejo, Chairman Robert Smith. Case(s): 5-14-12618; 5-17-2104; 5-07-2105; 5-07-2107; 7-16-15313; 5-07-2106 Owner: Investquest Partners Holdings Inc. Address: 955 NE 98th Street Mr. David Guzman was present and wished to testify. He testified that the violations were made prior to their ownership. They own two other properties that are Foreclosures and REO’s. The want to fix these properties. Staff testified that it is correct that they own two other properties. Staff gave a brief explanation of the violations in place. Mr. Sarafan explained the contracts that the Village had with another property that Mr. Guzman owned. Staff testified that the pool at another property they own is an issue of life safety. Discussion took place at this time as to how to cure the issue of the pool. The Board asked questions. Motion: That upon receipt of $19,000.00 payable within 60 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen Vote: Motion Passed 5-1 Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Mr. Rod Buenconsejo, Chairman Robert Smith. No: Ms. Kimberly Bruce Case(s): 2-15-13665 Owner: Jose Maco/Luz Almeyda Address: 114 NW 108 Street 5 Ms. Luz Almeyda was present and wished to testify. She testified that she bought the trees twice. Ms. Almeyda likes living in Miami Shores. Staff attests to her testimony. The Board asked questions. Staff testifies that this was not his case but once he learned about the case he found out that yes Ms. Almeyda had some misunderstanding with previous Staff. The Board asked questions. Motion: That upon receipt of $800.00 payable within 30 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo Vote: Motion Passed 6-0 Yes: Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Mr. Patrick Huber, Mr. Rod Buenconsejo, Chairman Robert Smith. Case(s): 3-13-11107 Owner: John 1010 Corp. Address: 10401 NE 2 Avenue Mr. Daniel Lanza was present and testified that at the moment of the violation they were not living in Miami Shores. The house was rented. Mr. Lanza testified that the Tenant was not responsive to his request to get the violation cured. The Board asked questions. Mr. Sarafan asked questions. Mr. Lanza testified that he had communicated to Mr. Flores. Staff translated the email communication that passed between Officer Flores and Mr. Lanza. Mr. Sarafan asked, who takes care of the property when Mr. Lanza is away. Mr. Lanza testified that this was the only rental property he had and he was unexperienced in this area. Motion: That upon receipt of $275.00 payable within 60 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo Vote: Motion Passed 6-0 Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Mr. Rod Buenconsejo, Chairman Robert Smith. Case(s): 3-17-16265 Owner: City Natl. Bank of FLA Trust c/o AHE Realty Associates, LLC Address: 9999 NE 2 Avenue, Suite 305 Mr. Julio Martinez was present to testify. He testified that he had missed one of the meetings for this case. Mr. Martinez gave a brief explanation of what the compliance of this case. Mr. Martinez testified that this building was the first to connect to the sewer system of the Village. The Board asked about the Motion that was given at the time did not match the actual Enforcement Order amount of $50.00. Mr. Sarafan said that we need to check the minutes to corroborate the Motion. The Legal Department does not make any recommendation. Staff also abstains from recommending. Mr. Martinez testified that the cleanup took a lot of effort. The Board asked questions. Mr. Sarafan said that it is up to the Board to recommend. The Board asked questions. The Chair recapped what the Motion had been for this case. The final question was asked. Mr. Matinez offered $800.00. The Board asked questions. Mr. Martinez explains how the final connections have happened. BP Motion: That upon receipt of $2,000.00 payable within 90 days that the lien be released. Moved by Mr. Rod Buenconsejo, seconded by Mr. Ronnie Guillen Vote: Motion Passed 4-2 Yes: Mr. Ronnie Guillen, Ms. Kimberly Bruce, Mr. Rod Buenconsejo, Chairman Robert Smith 6 No: Mr. Patrick Huber, Ms. Gladys Coia Public comment about vacation rental took place at this time. Mr. George Mello was present and testified that there has been a lot of movement by the vacation rentals in the residential areas. Their quality of life has been interrupted. They have people waking them up early morning. There is no security in these vacation rentals. He complained about the neighborhood completely changing due to the vacation rentals. Cars parking in all areas. Code Enforcement has been awesome, Mr. Mello testified. Major problem happening due to these vacation rentals. Discussion took place at this time by the Legal Department and the Board. Section 12-266 by Mr. Sarafan to Mr. Buenconsejo. Case(s): 1-12-9466; 10-13-11905; 10-13-11906; 12-11-9355; 4-12-9788; 1-12-9465 Owner: Prestige Properties Investment Group Address: 27 NE 94 Street Alfred Lyonel was present and wished to testify. The case went back to 2012 and Mr. Lyonel testified that he did not realize this. He testified that he worked at night and slept during the day. Mr. Sarafan asked about the work without permit. Mr. Lyonel testified that he was not keeping up with all the permits. The house is not for sale and he is not refinancing. The Board asked questions. Mr. Lyonel testified that the roof was replace about 3 years ago. The Board asked questions to Staff. Staff comments that the house is in good condition. Motion: That upon receipt of $4,000.00 payable within 60 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo Vote: Motion Passed 6-0 Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Mr. Rod Buenconsejo, Chairman Robert Smith Case(s): 3-16-15070; 6-17-16608; 6-16-15374 Owner: SMTK LLC Address: 510 NW 113 Street Ms. Debra Cipriani was present and wished to testify. Ms. Cirpriani testified that her father had health issues and she and her sister were getting things done to care for this property. The Company that was taking care of the property was not responsive. She recounted all the violations and how they are dealing with this. She is sorry that the property was a blight to the community. Motion: That upon receipt of $11,000.00 payable within 30 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo Vote: Motion Passed 6-0 Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Mr. Rod Buenconsejo, Chairman Robert Smith MINUTES Minutes for March 1, 2018 7 Motion to approve March 1, 2018 minutes, by Mr. Patrick Huber, seconded by Ms. Gladys Coia and the Motion passed 6-0. NEXT MEETING The next meeting will be on May 3, 2018 ADJOURNMENT April 5, 2018 Code Board meeting was adjourned ________________________________ _____________________________ Lazaro Remond, Code Enforcement Manager Robert Smith, Chairman