CODE ENFORCEMENT BOARD MEETING 08-2-2018CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, August 2, 2018
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 2,
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. Rod Buenconsejo, Ms. Kimberly Bruce, Mr. Patrick Huber,
Chairman Robert Smith.
Absent: Ms. Gladys Cola, 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 Secretary
FIRST HEARING
Case # 5-17 -16411
Yina Hurtado
10916 NW 2 Avenue
Ms. Yina Hurtado and David Villegas were present and wished to testify. Ms. Hurtado testified that they
had a problem with the structure of their house. The Engineer told them that the project will take some
time to complete. Officer Lazaro Remond testified as to the violation. Ms. Hurtado is not sure as to how
much longer they need to fix the case. Officer Remond recommended 30 days to comply and testified as
to the violation from what he could see from the public right of way. Mr. Villegas testified that the
Engineer was working on the plans. The Board asked questions. The Board asked to look at the pictures.
Motion: With respect to case 5-17- 16411, I move for a 6 months extension to correct the violation.
Motion by Mr. Patrick Huber
Seconded by Mr. Robert Vickers
The Motion was approved 5-0
Summary Adjudication for 1" Hearings: Case(s): 12 -17- 17167; 3 -18- 17562; 3 -18- 17563; 4 -18- 17580;
4 -18- 17581; 4 -18- 17586; 5 -18- 17822; 5 -18- 17827; 5 -18- 17828; 5 -18- 17829; 6 -18- 17955; 6 -18- 17971; 6-
18- 18017;6 -18- 18020.
The officer, Lazaro Remond, testified that Affidavits of Non - Compliance and evidence of violation exists
in each of the files.
Discussion took place about case #5 -17 -16472 what is the hazardous condition. Mr. Orta said that it is
the sidewalks in disrepair. Case #3 -18 -17483 what is the unsightly house exterior. Mr. Remond
explained the violation detail.
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 staffs
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 5 -0
The officer, Lazaro Remond, testified that Affidavits of Non - Compliance and evidence of violation exists
in each of the files.
PENALTY HEARING
Case: 4-18 -17644
Jerrett Jenkins JTRS
173 NE 107 Street
Mr. Martin Bosas the tenant for this property was present and wished to testify. He said that he needs
more time to remove the shed. He need to talk to the owner to do this. Officer Remond testified that the
garbage has been remove. The shed needs to be remove. The board asked questions.
Motion to table until next meeting by Mr. Robert Vickers.
Seconded by Mr. Huber
Motion passed 5-0
Summary Adjudication for Penalty Hearings: Case #'s: 3 -18- 17529; 3 -18- 17532; 3 -18- 17533; 3 -18-
17534;3-18- 17536;4 -18- 17609;5 -17- 16472;8 -17- 16815.
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
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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 5 -0
REQUEST FOR RELIEF
Case(s): 8-12-10296; 4-14-12487; 4-14-12488; 11-16-16015; 8-14-13113
Owner: The Bank of New York Mellon Trust Company c/o SPS
Address: 298 NE 91 Street
Attorney Steven B. Greenfield was present. Attorney Richard Sarafan disclosed that he had known
Attorney Greenfield for a long time. Also represented him in the past. Attorney Greenfield says that
these liens were extinguished at foreclosure. That the only fees due are the utilities fees and attorney fees
due to Mr. Sarafan. Mr. Sarafan made some clarifications regarding this case. Mr. Sarafan supports a
reasonable amount to release this property. The Board asked questions. Attorney Greenfield testified that
his client took title in September 2017 and the violations were cured in March of the following year. Mr.
Sarafan gave a brief explanation as to how the violations are, sometimes not noticed right after the Bank
takes title. Mr. Greenfield testified that the house is on contract for sale. The Board asked questions. Mr.
Sarafan clarified that the final offer of $10,500.00 is to pay off the utility bill and the attorney fees owed
to him, the remainder funds will go towards the Code liens.
Motion: That upon receipt of $10,500.00 payable within 30 days that the liens be released.
Moved by Ms. Kimberly Bruce, seconded by Mr. Huber
Vote: Motion Passed 3 -2
Yes: Ms. Kimberly Bruce, Mr. Patrick Huber, Chairman Robert Smith.
No: Mr. Rod Buenconsejo, Mr. Robert Vickers.
Case(s): 4 -13 -11144
Owner: Michele Batista & Iraima Flores
Address: 6 NW 107 Street
Ms. Batista was present and wished to testify. She testified that when they bought the home from Mr.
Roberto Martin they were not aware of the lien. There was no title insurance at the time of the purchase.
The Board asked questions. Mr. Sarafan asked questions.
Motion: That upon receipt of $3,485.00 payable within 120 days that the lien be released.
Moved by Mr. Patrick Huber, seconded by Rod Buenconsejo
Vote: Motion Passed 5 -0
Yes: Ms. Kimberly Bruce, Mr. Patrick Huber, Mr. Rod Buenconsejo, Mr. Robert Vickers,
Chairman Robert Smith.
Case(s): 7 -12 -10219
Owner: Real Estate Education Community Housing, Inc.
Address: 202 NW 92 Street
Mr. Michael Roberts was present and wished to testify. He testified that they purchase homes and rehab
them. They paid $15,000.00 to Miami Shores at the time of closing. Mr. Roberts testified that they had
problems with the contractors they hired. The septic system was replaced. The house is up for sale now.
Mr. Sarafan gave some input as to how this house had been a Reasonable Accommodation and explained
how this works. Mr. Sarafan says that what we have here is the fines after the Reasonable
Accommodation. Officer Remond testified that he was aware of all the communications from Mr.
Roberts. The Board asked questions.
Motion: That upon receipt of $500.00 payable within 30 days that the lien be released.
Moved by Mr. Patrick Huber, seconded by Mr. Rod Buenconsejo
Vote: Motion Passed 5 -0
Yes: Ms. Kimberly Bruce, Mr. Patrick Huber, Mr. Rod Buenconsejo, Mr. Robert Vickers,
Chairman Robert Smith.
MINUTES
Minutes for June 7, 2018
Motion to approve the June 7, 2018 minutes, by Mr. Patrick Huber, seconded by Ms. Kimberly Bruce,
and the Motion passed 5 -0.
The Board approved the calendar of Meetings for 2019 by consensus.
NEXT MEETING
The next meeting will be on September 6, 2018
EV13 a Jt Uul
August 2, 2018 Code Board meS*g adjourned.
Lazaro Remond, Code C -05liance Director
beA Smith, Chairman