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CODE ENFORCEMENT BOARD MEETING 05-3-20181 CODE ENFORCEMENT BOARD MEETING MINUTES Thursday, May 3, 2018 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 3, 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. Ronnie Gillen, Ms. Kimberly Bruce, Ms. Gladys Coia, Chairman Robert Smith. Absent: Mr. Rod Buenconsejo 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 Michael Beal, Assistant Attorney Lazaro Remond, Code Compliance Manager Mariana Gracia, Code Enforcement Clerk FIRST HEARING Case # 4-18-17652 Richard Boullon 85 NW 102 Street Mr. Richard Boullon was present and agrees that there is a violation on the property. He testified that he had taken the house off of Air B&B. Staff commented on the way that these rental properties come into compliance. Staff is looking for adjudication no fines. The Board asked questions. Motion: With respect to case 4-18-17652 I move for finding of fact in 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 date. Motion by Mr. Patrick Huber Seconded by Ms. Gladys Coia The Motion was approved 6-0 Case # 4-18-17664 Mauricio Cruz 150 NE 103 Street 2 Mr. Mauricio Cruz was present and agrees that there was a violation. He testified that he had listed his house on Air B&B and he had confirmation that the house has been unlisted. Staff concurred that this was the case. Motion: With respect to case 4-18-17664 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 date. Motion by Mr. Patrick Huber Seconded by Ms. Gladys Coia The Motion was approved 6-0 Summary Adjudication for 1st Hearings: Case(s): 1-18-17297; 3-18-17430; 3-18-17431; 3-18-17432; 3-18-17444; 3-18-17447; 3-18-17449; 3-18-17527; 4-18-17583; 4-18-17590. 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 Mr. Robert Vickers Vote: Motion was approved 6-0 The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files. PENALTY HEARING Case 1-18-17301 Park LLC 9801-9845 NE 2 Avenue Mr. Juan Carlos Lago was present and wished to testify. He is asking for more time to comply with the painting. Staff recommends 6 months to continuance. The Board asked questions. Mr. Lago asked about the color of the paint and how to go about approval. 3 Motion: With respect to case 1-18-17301 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. Ronnie Guillen The Motion was approved 6-0 Summary Adjudication for Penalty Hearings: Case #’s: 1-18-17309; 2-18-17325. 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 Ms. Gladys Coia Vote: Motion carries 6-0 REQUEST FOR RELIEF Case(s): 3-16-15102; 3-16-15108; 3-16-15105; 3-16-15103; 3-16-15104; 3-16-15033; 3-16-15030;-16- 15102; 3-16-15108; 3-16-15105; 3-16-15103; 3-16-15104; 3-16-15033; 3-16-15030; 3-16-15110 Owner: ICUC Holdings Inc. Address: 10500 Biscayne Blvd. Mr. Jose Gonzalez was hired by the hotel management to take care of the violations. He testified that there had been some misinformation on the part of Code Compliance. He also testified that they had spoken to Mr. Ismael Naranjo, Building Director of Miami Shores. The Chairman asked who is the person who is here on behalf of ICUC Holdings. Mr. Gonzalez testified at length as to what had transpired at the hotel. They want to build a new hotel. The Board asked questions. Mr. Hi Tran was present to testify. There was discussion about the many violations on the property. Mr. Sarafan informed the Board that there is pending litigation on this property. Staff testified as to the violations on the property. The Board asked questions. Mr. Sarafan testified that the case is properly before this Board. Mr. Hi Tran testified that he has the best intentions for the Motel in Miami Shores. The Board asked questions. Mr. Sarafan clarifies that the property owners had been in discussions with the Village. Mr. Hi Tran testified that he is on the Village side and want to do the best for the Village. There was more discussion about the Motel by the legal department and the Board. The Board asked questions. Staff advises that there is a demolition permit pending approval. The Board asked questions. Mr. Hi Tran had further information to the Board. The amount of the offer was amended to $5,000.00 payable within 30 days. Motion: Failed for lack of Motion 4 Case(s): 5-14-12668; 5-14-12669 Owner: Phillipe Alluard Address: 1050 NE 105 Street Mr. Phillipe Alluard was present and wished to testify. Mr. Alluard testified that he had purchased the property with the intent to renovate it. He resided in Europe during this time. He received a Notice of Lien. He contacted Officer Anthony Flores who advised him that everything was okay. Mr. Alluard testified that he came to the Village to take care of an Administrative fee of $30.00 and found out that there was a lien. He was not aware of this until this time. The driveway was destroyed during construction. This driveway was repaired. The Board asked questions. Staff testified that this was not a case where he was involved. The Board asked questions. Staff testified about how service is done. Motion: That upon receipt of $2,000.00 payable within 30 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, Ms. Kimberly Bruce, Chairman Robert Smith. No: Mr. Robert Vickers Case(s): 10-14-13224 Owner: Barbara Delgado Address: 93 NW 97 Street Ms. Barbara Delgado was present and will like to testify. Ms. Delgado testified that she inherited the violation when she bought the property. She got all the permits and repaired the garage doors. She provided pictures to the Board to show. The Board did not have any questions. Motion: That upon receipt of $5,000.00 payable within 630 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Mr. Robert Vickers Vote: Motion Passed 6-0 Yes: Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Kimberly Bruce, Ms. Gladys Coia, Mr. Robert Vickers, Chairman Robert Smith. Case(s): 1-17-16161 Owner: Corp, JWBHB Management Address: 899 NE 92 Street Ms. Audrie Barack and Mr. Barry Barrack were present. Ms. Barack testified that they only found out that there was a lien when they were selling the property. The contractor that was hired did not close the permits in a timely way. She thought that this violation had been closed and did not think that there was a fine. At title search this lien was discovered. The Board asked questions. Mr. Barack answered that they purchased the property 10 years ago. The contractor took the money and did nothing. Motion: That upon receipt of $500.00 payable within 30 days that the lien be released. Moved by Mr. Patrick Huber, seconded by Ms. Kimberly Bruce Vote: Motion Passed 6-0 Yes: Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Mr. Patrick Huber, Mr. Robert Vickers, Chairman Robert Smith. 5 MINUTES Minutes for April 5, 2018 Motion to approve April 5, 2018 minutes as amended, by Mr. Patrick Huber, seconded by Ms. Kimberly Bruce and the Motion passed 6-0. NEXT MEETING The next meeting will be on June 7, 2018 ADJOURNMENT May 3, 2018 Code Board meeting was adjourned ________________________________ _____________________________ Lazaro Remond, Code Enforcement Manager Robert Smith, Chairman