05-01-2014 Regular Meeting w
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, May 01, 2014
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday
May 01, 2014, at the Miami Shores Village Hall. The meeting was called to order at
6:00 p.m. by Chairman, Robert Vickers.
Roll Call.
Present: Barry Asmus,John Patnik, Barry Perl, Manny Quiroga, Chairman Robert
Vickers.
Absent: Bob Smith, Rod Buenconsejo.
In Attendance
Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk
FIRST HEARING
Case: 1-14-12253
Address: 1270 NE 98 St.
Sec. ; 6-4(a): Unauthorized construction/expired permit(s)
Code officer gave summary of case and stated owner began work construction on property without a permit.
Contractor Roberto Sampellecrini agreed that there was a violation and requested a two month extension to
complete work and have permit issued. Mr. Sampellecrini has already begun permitting process but there
were building comments that needed to be addressed and they could not correct them in time before this
meeting.
MOTION:With respect to case(s): 1-14-12253 1 move for a finding of fact and conclusion of law that there exists a
.violation or violations of Section(s)6-4(a)of the Miami Shores Village Code."The offending party shall correct all
such violations by 30 days and shall immediately notify the Code Enforcement Officer when the property is
brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement
Officer may report back to the Board and,in such event,a fine is hereby authorized to be automatically assessed
against the violator in the amount of$50 a day thereafter, which will constitute a lien on the property of the
violator. Costs in the amount of$30 are hereby assessed to recoup the Village's expenses in prosecuting the
violation to date.
Moved by Manny Quiroga,seconded by Barry Asmus
Motion approved unanimously.
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Case: 2-14-12308 "
Address: 38 NW 109 St.
Sec.; 901 (1-3)
Chandy Pontejour was present on behalf of Investment Company and code officer'Anthony Flores gave
summary and stated owner had rented property but did not obtain a certificate of occupancy. Mr. Pontejour
agrees there is a violation.Board discusses violation and gives'a 30 day timeline to remedy violation.
MOTION:With respect to case(s): 2-14-12308 1 move for a finding of fact and conclusion of law that there exists a
violation or violations of Section(s)901 (1-3)of the Miami Shores Village Code."The offending party shall correct
all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is
brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement
Officer may report back to the Board and,in such event,a fine is hereby authorized to be automatically assessed
against the violator in the amount of$50 a day thereafter, which will constitute a lien on the property of the
violator., Costs in the amount of$30 are hereby assessed to recoup the Village's expenses in prosecuting the
violation to date.
Moved by Manny Quiroga,seconded by Barry Asmus.
Motion approved unanimously.
Case: 2-14-12309
Address: 38 NW 109 St.
Sec. ; 6-4(a);Unauthorized construction/Expired Permit(s)
Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave
summary and stated plumbing work.was initiated without a permit and usually you do not need a permit to do
minor plumbing repairs but since home is a rental property owner does need to have permits to do anything
inside home. Mr. Pontejour agrees there is a violation and stated contractor finished work and just needs a
final inspection.
_.Case: 2-14-12311
Address:38 NW 109 St. -
Sec. ; 12-132; Screening
Sec. ; 12-128; Weather/Water Tight Structures
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Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave
summary and stated some of the windows are in disrepair and missing screens and can be easily opened from
outside. The tenant made code enforcement aware of issue and code officer stated to repair mechanisms of
window'that do not work they do not need a permit. Mr. Pontejour stated work is completed and ready to be
inspected.
Case: 2-14-12312
Address: 38 NW 109 St.
Sec. ; 6-4(a); Unauthorized construction/Expired Permit(s)
Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave
summary and stated a slab was poured on the east set back and they were asked to remove the slab and re-sod
with grass. The slab has been removed but dirt is exposed. Mr. Pontejour stated work will be completed in a
matter of days.
MOTION:With respect to case(s):2-14-12309;2-14-12311;2-14-12312 1 move for a finding of fact and conclusion
of law that there exists a violation or violations of Section(s)6-4(a),12-132 and 12-128 of the Miami Shores Village
Code. "The offending party shall correct all such violations within 30 days and shall immediately notify the Code
Enforcement Officer when the property is brought into compliance.If the violation is not brought into compliance
by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby
authorized to be automatically assessed against the violator in the amount of$50 a day per case thereafter,which
will constitute a lien on the property of the violator. Costs in the amount of$30 per case are hereby assessed to
recoup the Village's expenses in prosecuting the violation to date.
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Moved by Manny Quiroga,seconded by Barry Asmus
Motion approved unanimously.
Summary Adjudication for 1St Hearings:
Case #'s: 2-14-12339; 2-14-12381; 3-14-12414; 3-14-12428; 3-14-12429; 3-14-12442; 3-14-12443; 3-14-
12444; 3-14-12445;3-14-12446; 3-14-12447; 3-14-12448;3-14=12457;4-14-12491;4-14-12500.
The officer, Anthony Flores, 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,which will constitute a lien on the property
of the violator. 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 Quiroga,Barry Asmus
Motion approved unanimously.
PENALTY HEARING
No one present for penalty hearings
Summary Adjudication for Penalty Hearings:
Case#'s: 10-13-11897; 1-14-12204; 1-14-12209; 1-14-12280;3-13-11100;9-13-11808.
The officer, Anthony Flores, 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 Manny Quiroga,seconded by Barry Perl.
Motion passed unanimously.
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REQUEST FOR RELIEF 1
Case(s): 2000-1292; 6-10-7245; 6-10-7246
Owner:Nora Schaefer
Address:47 NE 93 St. ,
Nora Schaefer bought home in 2001 from a friend that was going through a divorce and allowed her to
stay in home for more time. She had remodeled other homes in Miami and did not pull permits and was
not aware that she needed,:pe`rinits for the work done in her home. A' few years ago she asked the
building department if there were any liens on property and answer was no but when she was ready to
sell home her realtor found liens. When she was made aware of liens her husband and son had passed
away died and was very overwhelmed and did not proceed to cure violations until recently. Mrs.
Schaefer recently hired a contractor and has spent a lot of money to bring property up to code. Cost
about $7500 to fix problems. Property is not for sale but she does have property in morning side that is
in foreclosure. Barry Asmus gave summary and asked Ms. Schaefer about profession and she said she
had been a realtor. Barry Perl asked if she was completing a short sale on house in Morningside and
Mrs. Schaefer stated that on May,.91h the home is going to be sold on the courthouse steps. Attorney
Richard Sarafan asked Mrs. Schaefer why is it important to'get these liens released and Mrs. Schaefer
stated that her son wants to refinance his home and her name is on his mortgage and he could not`get a
refinance.Address of home that is not in Miami'Shores is'11420 NE 8d'Avenue,Biscayne Park.Offer to
pay$2000 payable within 30 days.
Motion: Upon receipt of$2000 payable within 30 days the lien on 11420 NE Bch Avenue;Biscayne
Park,Florida,be released.
Moved by Manny Quiroga,seconded Robert Vickers.
Vote: Motion failed(Summary: Yes=2,No=3,Abstain=.0).
Yes: Manny Quiroga,Chairman Robert,Vickers.
No: Barry Asmus,John Patnik,Barry Perl.
Case(s): 2-11-8142; 2-11-8145; 8-10-7575
Owner: Palazzo Leoni LLC
Address: 9600-9636 NE 2"d Avenue f
Paul Steinberg was present on behalf of Mrs. Everett for a second time before board and gave summary
of the properties being sold on a purchase money mortgage to Camp Biscayne at the Grove LLC, -
McCoy Properties LLC and Ruben Matz and when money was not paid Mr. and Mrs. Everett began a
foreclosure process. Properties were not in violation when they were sold and after doing a lien search
when they took back properties the only violation was for the 40 year building certification that was not
complete and money owed for storm water and trash. Barry Asmus asked questions regarding notice
issued to owners and Attorney Richard.Sarafan stated that it is the owner's responsibility when they buy
~ a property to find.out if there are any open.and ongoing violations on property. Our code enforcement-
department issued notice to the owners at the time and it is not our responsibility to check daily if
ownership has been transferred. Certified mail was sent to owners and mail was signed and received by
Gladys Matz an owner of property at the time before Mrs. Everett took property back. Mr. Asmus stated
that in the previous meeting it was established that $118,000,was set aside in escrow which is amount
owed to village and Mr. Steinberg had stated that he did have in his possession $25,500 in an account
for payments to be made for this property. Mr. Asmus asked Mr. Steinberg if amount of$25,500 was
amount of money left over in escrow account after paying for permits and contractors from the$118,000
and Mr. Steinberg said no, the amount of$25,500 is a separate account that has beenavailable since
2012 but is not aware Now much is left from the construction fund of$118,000.00. Attorney Richard
Sarafan asked'Mr. Steinberg what would happen if board does not approve a reduction and Mr.
Steinberg assumes that Mrs. Everett will have_to pay$118,000 and she has assumed the responsibility to
get lien taken care no matter what the circumstance. Offer to pay$15,000 payable within 30 days.
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Motion:Upon receipt of$25,500 payable within 30 days the liens on this property be released.
Moved by Manny Quiroga,seconded by Barry Asmus
Vote:Motion passed(Summary:Yes=3,No=2,Abstain=0).
Yes:Barry Asmus,John Patnik,Manny Quiroga,
No: Barry Perl,Chairman Robert Vickers.
Case(s):8-12-10276
Owner: Chantel Gibon
Address: 326 NE 92 St.
Ms. Gibon was present and stated that property is rented and after meeting with Michael Orta she asked
tenant to clean roof and was not aware that violation was not cured. Property is going through a short
sale process and after a recent lien search they discovered lien on property. Board members asked
questions and staff stated that Mrs. Gibon was not receptive when he mentioned violation and remedy.
Barry Asmus asked if there was a pending sale date and amount of sale and Ms. Gibon answered yes
May 15th and price is $525 but $700 is still owed. Property was rented for $3300 a month. Barry Perl
asked how was rent paid by mail or physically in person and Ms. Gibon stated she went to property but
was not their often. Ms. Gibon asked why she was never notified of violation and Attorney Richard
Sarafan showed Ms. Gibon a letter sent and signed by her addressed to the code enforcement officer
asking for more time. She said she was aware of that but why was she not notified that it was not
complete and Attorney stated that she met with code officer and he gave her the deadline and it was up
to her to communicate and follow up with tenant not the code officer. Offer to pay$500 payable within
30 days.
No motion.
Case(s):7-12-10225;4-12-9893; 8-13-11709
Owner: Kalyani Ventures LLC
Address:30 NW 92 St.
Steve Sussman managing member of the Kalyani Ventures LLC stated the fines have been accruing for
about 18 to 22 months due to death of previous owner's Robert Hawk that died late 2010. Mr. Sussman
bought home about a month ago and took immediate action to cure violations. He is glad that city does
enforce the code so that properties are maintained but does request relief because he was not the
violator. The intention for this home is to renovate home because it does need extensive repairs and then
will probably rent home but not until it is fully remodeled. Board asked where deed was sent from and
Mr. Sussman said he received it by an estate. Offer to pay$6500 payable within 30 days.
Motion: Upon receipt of$6500 payable within 30 days the lien on this property be released.
Moved by Manny Quiroga,seconded by Barry Perl.
Vote: Motion passed unanimously(Summary:Yes=5,No=0,Abstain=0).
Yes: Barry Asmus,John Patnik,Barry Perl,Manny Quiroga,Chairman Robert Vickers.
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Case(s):5-09-5735
Owner: Shahriar Bahmani
Address: 360 NE 103 St.
Mr. Bahamani recently sold home and was present to mitigate fine. Board asked questions and Mr.
Bahmani stated$4,100 of money owed to village was in escrow and he wanted to get some money back.
Mr. Bahmani had hired a contractor to replace windows and door but they didn't pull a permit even after
he paid for permits to be-pulled. Emails were presented as evidence that there was communication
between contractors that eventually completed work with permits. Offer to pay $800 payable within 30
days.
Motion: Upon receipt of$800 payable within 30 days the liens on this property be released.
Moved by Barry Perl,seconded by Robert Vickers.
Board discusses that money owed to village is in escrow.
Vote:Motion passed(Summary:Yes=3,No=2,Abstain=0).
Yes: Barry Perl,Manny Quiroga,Chairman Robert Vickers.
No: Barry Asmus,John Patnik,
Case(s): 4-09-5654
Owner: Stirling Homes LLC
Address: 74 NE 109 St. .
Michael Heidt attorney for Sterling homes was present and presented pictures of how home looks now.
Violation was cured prior to Stirling homes possession but they did maintain property and cleaned roof
for a second time through their ownership. House is for sale and there is a contract on house but not
aware of closing date. Offer to pay$2500 payable within 30 days.
Motion: Upon receipt of$2500 payable within 30 days the lien on this property be released.
Moved by Barry Perl,no second.
Motion Failed for lack of second.
Case(s): 9-10-7617; 9-10-7618
Owner:Jorge Lopez
Address: 10151 NE 14 Avenue
Karen Alvarez was present as realtor on behalf of owner.Property is in short sale and after receiving
some offers owner and realtor agree to market properly the liens must be taken care of before sale.
Owner had a business in the design district and because of high rent he was forced out and is now losing
his home. Sellers will not be making a profit from sale but would like to keep some type of credit rather
than to fall into foreclosure.Board asks questions regarding time frame needed by seller if relief granted.
Offer to pay$2,500 payable within 120 days.
Motion: Upon receipt of$2,500 payable within 120 days the liens on this property be released.
Moved by Barry Perl,seconded by Chairman Robert Vickers.
Vote:Motion passed unanimously(Summary: Yes=5,No=0,Abstain=0).
F Yes: Barry Asmus,John Patnik,Barry Perl,Manny Quiroga,Chairman Robert Vickers.
Motion:Approval of Minutes for April 2014.
Moved by Barry Asmus,seconded by Manny Quiroga.
Vote:Motion passed unanimously.
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NEXT MEETING
The next meeting will be on June 05, 2014
ADJOURNMENT
May 01, 2014 Code Board meeting was adjourned 8:45 p.m.
Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
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