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11-06-2014 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES Thursday,November 6,2014 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 6, 2014, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers. DUE TO TECHNICAL ERROR AN AUDIBLE RECORDING IS NOT AVAILABLE FOR THESE MINUTES. Roll Call. Present: Barry Asmus,John Patnik,Bob Smith,Manny Quiroga,Rod Buenconsejo,Barry Perl Absent: 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 Anthony Flores, Supervisor,Code Enforcement Mike Orta,Officer,Code Enforcement Benjamin Bean,Acting Village Attorney FIRST HEARING Case 1-14-13230 Name: Caroline Gold JTRS Address: 803 NE 99 St Code Sec.6-4(a) Attorney Mark Gold was present representing homeowner. Code Officer Mike Orta gave his summary of the case. Mark Gold denied the violation and proceeded to question Mr. Orta on the scope of his work. Mr. Orta then questioned Mr. Gold on the photos(evidence)submitted,Mr.Gold would not comment on the evidence. The Board then questioned Mr.Orta and Mr.Gold.Mr.Gold proceeded to ask more questions to Mr.Orta. The Board then interrupted Mr. Gold's questioning to gather the reasoning behind his questions. Vice Chairman Perl then limited Mr. Gold's questioning to five more minutes. Mr. Gold objected to the limit of time and began asking his questions. At the end of the five minutes Vice Chairman Perl stopped Mr.Gold's questions. The Board then discussed the case. Motion: With respect to case 1-14-13230 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 December 3`d, 2014 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 per violation 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 Bob Smith,seconded by Manny Quiroga Vote: Passed Unanimously CASE 7-14-12920 Name: Alvin Velasco Address: 749 NE 95`h Street Code Sec.6-4(a) 1 Alvin Velasco was present. Code Officer Mr. Mike Orta gave a summary of the case. The Board then asked Mr. Orta and Mr. Velasco questions. The Board then discussed the case. Vice Chairman Perl then asked for a motion. Motion: With respect to case 7-14-12920 I 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 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 per violation 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 Rod Buenconsejo,seconded by Barry Asmus Vote: Denied 3-3(Yes: Rod Buenconsejo,Barry Asmus,John Patnik; No: Bob Smith,Manny Quiroga, Barry Perl) Motion: With respect to case 7-14-12920 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 December 2"d, 2014 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 per violation 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 Rob Buenconsejo,seconded by Barry Asmus Vote:Passed Unanimously Summary Adjudication for 1" Hearings: Case(s): 10-14-13229; 10-14-13230; 10-14-13231; 10- 14-13359; 3-14-12473; 4-14-12603; 5-14-12659; 7-14-12880; 7-14-12905; 7-14-12918; 7-14-12920; 7-14- 12929; 7-14-12930; 7-14-12958; 8-14-13006; 8-14-13033; 8-14-13034; 8-14-13041; 8-14-13049; 8-14- 13084; 8-14-13093*; 8-14-13094*; 8-14-13095; 8-14-13096; 8-14-13097; 8-14-13098; 8-14-13113; 9-14- 13169;9-14-13180. 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, except for cases 8-14-13093 and 8-14-13094 the fine shall be $100.00 a day. 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 Manny Quiroga,seconded by Barry Asmus Motion approved unanimously PENALTY HEARING Summary Adjudication for Penalty Hearings: Case #'s: 4-14-12557; 4-14-12571; 4-14-12595; 5-14-12641; 6-14-12777; 6-14-12778; 7-14-12932; 7-14-12933; 8-14-12993; 8-14-12994; 8-14-12995; 8-14- 13002;8-14-13003; 8-14-13008; 8-14-13010; 8-14-13012. 2 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 Rod Buenconsejo Motion passed unanimously. REQUEST FOR RELIEF Case(s): 10-09-6391 Owner: William Burgeson Address: 1618 NE 105 Street Mary Louise Burgeson was representing her late son, William Burgeson. Vice Chairman Perl gave a summary of the case. Ms. Burgeson gave an explanation as to what occurred during the remodeling of the kitchen and why the permits expired. The Board then asked some questions. Ms. Burgeson explained that the property was for sale and they expected to close November 11, 2014. Ms. Burgeson amended her offer to$5,000.00 payable within 45 days. Motion: $5,000.00 payable within 45 days Moved by Barry Asmus seconded by Rod Buenconsejo Vote: 6-0 Approved Unanimously Case: 4-13-11205 Owner: B&L Realty Address: 144 NW 105 Street Attorney Eric Stein representing the homeowner was present. Vice Chairman Perl gave a summary of the case. Mr. Stein then presented their case as they did not own the property at the time of the violation. Mr. Stein explained that his client invested a large amount of money remodeling the property. The Board then asked questions. Mr. Asmus then questioned why the homeowner's name on the application was different than what he found on public records (Dade County property appraiser web site). Mr. Stein gave an explanation. The Board asked several more questions. Mr. Stein amended his offer to$2,000.00 payable within 5 days. Offer fails for lack of Motion. Case: 3-11-8274; 3-11-8277 Owner: Patrick Lubin & Laremise Movestine Address: 11121 NW 6`h Avenue Patrick Lubin & Laremise Movestine were present. Vice Chairman Perl gave a summary of the cases. Ms. Movestine explained what occurred with the violations. The Board asked several questions. Ms. Movestine amended her offer to$6,000.00 payable within 30 days. Motion: $6,000.00 payable within 30 days Moved by Bob Smith seconded by Manny Quiroga Vote: 3-3 Denied(Yes=3; No=3) Yes: Bob Smith,Manny Quiroga,Rod Buenconsejo No: Barry Asmus,John Patnik,Barry Perl 3 Case: 1-14-12209 Owner: Fannie Mae Address: 68 NW 93'd Street Daniel and Kristen Adsit were present representing the bank and as the future homeowners. Vice Chairman Perl gave a summary of the case. Daniel Adsit explained their intentions to buy the property. The Board asked several questions. Mr. Adsit offered to pay $1,200.00 after closing. The Board then discussed the offer. Motion: $1,200.00 payable after closing on this property only by Daniel and Kristen Adsit. Moved by Manny Quiroga,seconded by Rod Buenconsejo Approved Unanimously Case 8-09-6019; 12-07-3347; 12-073348; 10-12-10498 Owner: Cherie Montanez-Perez Address:9310 Biscayne Blvd. Attorney Michael Greenberg was present representing Ms. Cherie Montanez-Perez. Vice Chairman Perl gave a summary of the cases. Mr.Greenberg proceeded to give an explanation of the cases. He also explained that the property was in foreclosure and Ms.Montanez was trying to keep the house. The Board asked several questions.Mr.Greenberg amended his offer to$14,000.00 payable within 90 days. Motion: $14,000.00 payable within 90 days Moved by Barry Asmus,seconded by Bob Smith Vote: 2-4 Denied(2=Yes; 4=No) Yes: Barry Asmus,Bob Smith No: John Patnik,Manny Quiroga,Rod Buenconsejo, Barry Perl Case 2-08-3720 Owner: Alexander&Gwendolyn Zaldivar Address: 1200 NE 94 Street Mr.Alexander Zaldivar was present. Vice Chairman Per]gave a summary of the case. Mr.Zaldivar gave an explanation of the violation,at the time of the violation Mr.Zaldivar and his tenant relationship deteriorated and Mr.Zaldivar was not made aware of the notifications sent to the property. The Board asked several questions. Mr.Zaldivar amended his offer to$2,000.00 payable within 30 days. Motion: $2,000.00 payable within 30 days. Moved by Barry Asmus,seconded by Manny Quiroga. Vote: 6-0 Approved Unanimously Case 5-13-11439 Owner: Oscar and Suellen Sastoque Address: 9716 NE 5`h Avenue Road Vice Chairman Perl Recused himself from this case. Mrs. Sastoque was present and Mr. Perl gave a summary of the case. Ms. Sastoque briefly explained what occurred during the permit process and her contractor. She explained she was not aware that the generator needed to be moved. Barry Asmus recounted the events at the penalty stage and clearly remembered telling Mrs. Sastoque that the location of the generator was in question. The Board asked several more questions.Mrs. Sastoque offered$915.00 payable within 7 days. 4 Motion: $915.00 payable within 7 days Moved by Rod Buenconsejo,seconded by Manny Quiroga Approved(yes= 4,no=1 ) Yes: Rod Buenconsejo,Manny Quiroga,John Patnik,Bob Smith No: Barry Asmus Case: 3-13-11010;3-13-11011 Owner: Fannie Mae Address: 295 NE 104 Street Realtor Luis Padilla was representing Fannie Mae.,Vice Chairman Perl gave a summary of the cases. Mr. Padilla gave a brief explanation of the violations that occurred with the previous homeowner,who lost the property in foreclosure. Ms.Annette DiTommaso the potential Buyer was in attendance. Mr.Padilla explained how much Ms. DiTommaso wanted the live in the property and without owning it cured the last open violation. The Board asked several questions to Mr.Padilla and Ms. DiTommaso. Ms. DiTommaso stated that her children were enrolled in a private school in Miami Shores and was eager to move in. Mr. Padilla offered$2,000.00 payable after closing. Motion: $2,000.00 Moved by Barry Asmus,seconded by Barry Smith Approved Unanimously(6-0) Case: 2-08-3503; 7-12-10149 Owner: Madison Bradley Holding,LLC Address: 141 NE 104`h Street Mr.Andres Fortuna was there representing Madison Bradley Holdings,LLC. Vice Chairman Perl gave a summary of the cases. Mr. Fortuna gave an explanation of the violations and that they were not the owners at the time of the violations. They purchased the house on foreclosure and upon closing proceeded to remodel property with permits. He also explained why he had to put the house under a corporate name rather than under his name. The Board asked several questions. Mr.Fortuna explained some more work needed to be done before he moved in and amended his offer to$3,000.00 payable within 45 days. Motion: $3,000.00 within 45 days Moved by Rod Buenconsejo,seconded by.Manny Quiroga Approved: 5-1 (5=Yes, 1 =No) Yes: Rod Buenconsejo,Manny Quiroga,Bob Smith,John Patnik,Barry Perl. No: Barry Asmus MINUTES Code Enforcement Board October 2014 minutes were approved. Moved by Manny Quiroga seconded by Barry Asmus Approved unanimously NEXT MEETING The next meeting will be on December 4,2014 ADJOURNMENT November 6,2014 Code Board meeting was adjourned Anthony Flores,Code Enforcement Supervisor Barry Perl,Vice Chairman 5 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS T NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE �L, BARRY MIAMI SHORES CODE VIOLATION BOARD MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON P.O.BOX 530858, MIAMI SHORES, FL 33153 WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑✓CITY [:1 COUNTY []OTHER LOCAL AGENCY MIAMI SHORES-DADE COUNTY NAME OF POLITICAL SUBDIVISION: MIAMI SHORES VILLAGE DATE ON WHICH VOTE OCCURRED MY POSITION IS: NOVEMBER 6,201Y ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold'an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- --re which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made ou or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST BARRY PERL , hereby disclose that on NOVEMBER 6, 2014 20 l (a)A measure came or will come before my agency which (check one) 4ti Q✓ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. The'measure before my agency and the nature of my conflicting interest in the measure is as follows: CASE #5-13-11439 OSCAR AND SUELLEN SASTOQUE: SUELLEN SASTOQUE APPEARED BEFORE THE BOARD. I HAVE A BUSINESS RELATIONSHIP WITH THE SASTOQUES. I RECUSED MYSELF AND DID NOT VOTE. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE INSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, ..tMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 1/2000 PAGE 2 lb