04-06-2017 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday,April 6, 2017
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 6, 2017, at the
Miami Shores Village Hall. The meeting was called to order at 6:00 pm.by Chairman,Robert Smith.
Roll Call.
Present: Robert Vickers,Patrick Huber,John Berryman,Rod Buenconsejo,Gladys Coia,Kimberly Bruce,
Chairman Robert Smith.
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
Lazaro Remond,Code Enforcement Supervisor
Mike Orta,Officer, Code Enforcement
Benjamin Bean,Village Attorney
Mariana Gracia,Clerk
FIRST HEARING
No one present for this hearing
Summary Adjudication for V Hearings: Case(s): 11-16-16094; 1-17-16161; 1-17-16167; 1-17-16184;
2-16-16098; 12-16-16100; 2-17-16224; 2-17-16225; 2-17-16226; 2-17-16236; 3-17-16265; 6-16-15441; 9-16-
15825.
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
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 Staffs recommendations for tonight's hearings are
hereby assessed in order to recoup the Village's expenses in prosecuting the violations to date."
Moved by Patrick Huber,seconded by Rod Buenconsejo
Vote: Passed Unanimously
PENALTY HEARING
No one present for this hearing
Summary Adjudication for Penalty Hearings: Case#'s: 10-16-15961; 11-16-16026; 11-16-16027; 11-
16-16081; 1-17-16162;3-16-15099;3-16-15102;3-16-15103;3-16-15104;3-16-15105;3-16-15108;3-16-15110;
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6-16-15459;6-16-15460;6-16-15461;6-16-15462;9-16-15791.
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 John Berryman,seconded by Patrick Huber
Vote: Passed Unanimously
REQUEST FOR RELIEF
Case(s): 12-11-9389; 12-11-9388; 12-11-9390; 6-12-10090; 6-12-10091
Owner: Wells Fargo Bank,N.A.
Address: 10555 NE 2 Avenue
Jonathan Jacobson, Esquire,Attorney for Well Fargo Bank,N.A gave a brief presentation as to the liens the Bank is
asking relief on. He said that the property is in compliance and that they are now asking the Board for relief. The
Board asked questions. Attorney Jacobson said that the foreclosure process took six years due to the fact that there
was a bankruptcy filed and the plaintiff took a lot of time. He informed the Board that his law firm handles
foreclosures. The total amount foreclosed on was$449,000.00 the final judgement was $703,000.00. Wells Fargo
Bank was the successful bidder at foreclosure. They are trying to get a new buyer in this property.The Board asked
questions. He apologized for not having all the answers to the Board's questions. Attorney Jacobson said that the
house was owned by a Trust which was closed in 2005. The final offer is$10,000.00.
Failed for lack of Motion
Case(s): 3-10-6861;3-07-1743;2-13-10853;2-13-10854;2-13-10855
Owner: Ray Carabotta/Alnic Capitol,LLC
Address: 428 NE 91 Street
Mr. Ray Carabotta handed out some paperwork and pictures to support his case. The Board took a few minutes to
look at them. Mr. Carabotta mentioned that he has lived in Miami Shores since 1997. He bought the property with
the violations because this was a danger to his family and a sore eye to the community. The previous owner had a
lot of dangerous snakes. Mr. Carabotta had the opportunity to speak to the realtor which led to buying the house.
He pointed out to the Board that the house was in terrible conditions. He fixed the house up utilizing his savings.
He went over the violations that were liens. He said he is hoping that his offer is not offensive. He is asking the
Board for their help. Mr. Carabotta says that this is not what he does for a living. Chairman Smith disclosed that he
frequently passed by this house and he has watched this process throughout the years. Chairman Smith
complimented Mr. Carabotta on a great job. The Board asked questions. Mr. Carabotta testified that it has been
about five months since he purchased the house. The purchase price was $385,000.00 and he has invested about
$200,000.00 renovating the house. He said that the selling price is somewhere around $700,000.00. The Board
commented on the property's bad state before Mr. Carabotta bought it. Officer Orta testified that one of the snakes
from this property ended up at someone else's property. The final offer is$20,000.00.
Motion: That upon receipt of$20,000.00 payable within 90 days that the lien be released.
Moved by Patrick Huber,seconded by Robert Vickers
Vote: Unanimous in favor of the Motion
Yes: Robert Vickers, Patrick Huber, John Berryman, Rod Buenconsejo, Gladys Coia, Kimberly Bruce,
Chairman Robert Smith
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Case(s): 12-11-9320
Owner: Cheryl Sutton
Address: 290 NE 101 Street
Ms. Cheryl Sutton and her husband approached the podium. Attorney Benjamin Bean notified the Board that
these persons have not been sworn in yet. He proceeds to swear them in. Mr. Sutton said that they have lived
in Miami Shores since 1989. He testified that he saw a planter in the neighborhood and proceeded to construct
one on the swale in front of his house. Once he was told that this was not permitted, he took it down. He took
responsibility for the violation. He mentioned past employees of Miami Shores in his testimony. Mr. Sutton
did not know that he was supposed to let the Code Enforcement Department know that he had taken the planter
out. He claims he did not have proper notice of this violation. Mr. Sutton said that there was a fence built
were the post were. The Board asked questions. Ms. Sutton testified that the house was listed for sale at
$400,000.00. The final offer is$4,400.00.
Motion: Motion that upon receipt of$4,400.00 payable within 30 days that the lien be released.
Moved by Patrick Huber,seconded by Rod Buenconsejo
Vote: Unanimous in favor of the Motion
Yes: Robert Vickers, Patrick Huber, John Berryman, Rod Buenconsejo, Gladys Coia, Kimberly Bruce,
Chairman Robert Smith
MINUTES
Minutes for March 2,2017
Motion to approve minutes with one correction, Motion made by Patrick Huber, seconded by John Berryman and
the vote was unanimous in favor of the Motion.
DISCUSSION: Mr. Huber asked for an update on the 9999 NE 2 Avenue building. Officer Orta testified that there
was another violation for the septic tank in the parking lot. Officer Remond informed the Board of his meeting with
Mr. Julio Martinez, Manager of 9999 NE 2 Avenue. Officer Remond gave the details of his conversations with the
Manager of the building. The Board had a discussion at this time. Officer Remond said that there has been
communication with the Manager about the parking lot.
Mr. Vickers shared with the Board something that happened last week while he was working from home. He said
that he heard a loud scream and he ran out to go to what he thought was a lady being murdered. While he was
running towards the neighbor's house he was thinking he is going to have to fight someone. He described that he
saw a very upset lady in front of her house. When he got there he saw the woman's dog laying on the floor. He
described the state of fright this woman was in. Then, Mr. Vickers continued by saying that his neighbor,Ms. Coia
came rushing and proceeded to resuscitate the dog by applying mouth to mouth resuscitation method. Mr. Vickers
said that this is something he would not have done. As a result of the resuscitation method, Ms. Coia brought the
dog back to life. The Board members applauded and commended Ms. Coia's actions. All the Board members
thanked Ms. Coia for her heroic act of kindness.
NEXT MEETING
The next meeting will be on May 4,2017
ADJOURNMENT
April 6,2017 Code Board meeting was adjourned
Lazaro Remond,Code Enforcement Supervisor obert Smith,Chairman
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