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03-05-2015 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES Thursday, March 5,2015 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 5, 2015, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm.by Chairman,Robert Vickers. Roll Call. Present: Robert Vickers,Barry Asmus,John Patnik,Bob Smith,Manny Quiroga,Rod Buenconsejo,Barry Perl 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 Richard Sarafan,Village Attorney Mariana Gracia,Recording Secretary FIRST HEARING Summary Adjudication for I" Hearings: Case(s): 10-14-13417; 10-14-13419; 11-14-13511; 11-14- 13512; 1-15-13560; 1-15-13561; 1-15-13564; 1-15-13565; 12-14-13545; 12-14-13551; 2-15-13620; 2-15-13657; 8- 14-12990;9-14-13181. 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 Manny Quiroga,seconded by Rod Buenconsejo Motion: Passed Unanimously Yes: Barry Asmus,John Patnik,Bob Smith,Rod Buenconsejo,Manny Quiroga,Barry Per] PENALTY HEARING Cases: 5-14-12655; 5-14-12656; 5-14-12657; 5-14-12658;5-14-12660 Owner: Richard Effs Address: 912 NE 95`h Street Mr. Richard Effs was present. The Board asked questions. Mr. Effs testified that he had a lot of problems with DERM and getting the permits approved. Mr. Sarafan asked questions. The Architect Ed Landers. The Board asked more questions to Officer Mike Orta. Mr. Orta testified that he rather the Building Department address the issue being that the violation is related to a garage enclosure. The Board discussed the cases. The Board asked questions regarding the reason why cases were not closed. The Board asked more questions. Mr. Effs testified that the DERM permit was related to the septic tank. Mr. Sarafan clarified the issue before the Board. The Board asked questions. Officer Orta made some clarifications regarding the cases. The Board asked questions to Officer Orta. The Board made comments and made more questions. Motion: With respect to cases 5-14-12655; 5-14-12656; 5-14-12657; 5-14-12658; 5-14-12660 I move that these cases be tabled until our next meeting. Moved by Barry Perl,seconded by Manny Quiroga Vote: Passed(Yes=4 to No=3) Yes: Barry Perl,John Patnik,Manny Quiroga,Bob Smith. No: Barry Asmus,Rod Buenconsejo,Robert Vickers. Summary Adjudication for Penalty Hearings: Case#'s: 10-14-13272; 10-14-13294; 10-14-13301; 10- 14-13307; 10-14-13318; 10-14-13380; 10-14-13382; 10-14-13383; 10-14-13401; 10-14-13402; 10-14-13410; 11- 13-12095; 11-14-13431; 11-14-13433; 11-14-13435; 11-14-13436; 11-14-13494; 12-14-13523; 12-14-13535; 12- 14-13542; 12-14-13550; 12-14-13555; 3-14-12473; 5-14-12653; 7-14-12920; 7-14-12947; 7-14-12948; 8-14-13035; 9-14-13167;9-14-13172;9-14-13180;9-14-13215;9-14-13217;9-14-13218. 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 Vote: Passed Unanimously Yes: Barry Asmus,Rod Buenconsejo,Barry Perl,John Patnik,Manny Quiroga,Robert Vickers,Bob Smith. REQUEST FOR RELIEF Mr. Sarafan informed the Board regarding the procedure that the Board should follow when making a vote. Case(s): 2-13-10945; 8-14-13008; 8-14-13010 Owner: Franz Rivera,Jasmin Rivera Address: 10255 Biscayne Blvd.,Miami Shores,FL The Board read into the record the violations. Mr. Rivera testified as to the violations and extenuating circumstances that contributed to their non-compliance in these cases. Mr. Sarafan testified as to the unity of title issue with their lots and how'long it took for the bank to provide this form. There was some confusion with the different lots and where the liens began. The shed and the deck were done by his wife and a final inspection was done. The general contractor testified that they had applied for all permits while waiting for unity of title. He also testified that for the fence permit they had to wait for unity of title and that was the delay. Officer Flores testified as to the way the fence was put in without permit. He spoke to Mrs. Rivera as far as the need to get a permit for the deck. The Board asked questions. Motion: With respect to cases 2-13-10945; 8-14-13008; 8-14-13010 I move that upon payment of $10,000.00 within 30 days that the liens on this property be released. Moved by Mr.Perl,seconded by Mr. Buenconsejo Vote: Passed(Yes=6,No=1,Abstain=0) Yes: Manny Quiroga,John Patnik,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers No: Barry Asmus Case(s): 8-09-6019; 12-07-3347; 12-07-3348; 10-12-10498 Owner: Cherie Montanez-Perez c/o Shevlin&Atkins,Attorneys at Law 1111 Kane Concourse, Suite 619,Bay Harbor Islands,FL 33154 Address: 9310 Biscayne Blvd.,Miami Shores,FL 33138 Attorney Pollack was present. The Board read into the record the cases in consideration. Mr. Pollack testified that Ms. Cherie Montanez-Perez did everything in her power to bring the violations into compliance. The house was previously in foreclosure. The attorney testified that Ms. Montanez intends to live in the house. The Board asked questions. Mr.Pollack testified that Ms. Montanez was in a financial bind. The Board asked questions. Mr. Sarafan gave some information regarding the modification procedure. Mr. Pollack testified that a lot of the fines accrued were really a surprise to Ms. Montanez. The Board asked questions. Motion: Upon receipt of$12,500.00 payable within 60 days that the lien be released Moved by Barry Perl,seconded by Rod Buenconsejo Vote: Passed(Yes=S,No=2,Abstain=0) Yes: Manny Quiroga,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers No: Barry Asmus,John Patnik Case(s): 9-09-6203 Owner: Louise Alexandre Address: 601 NW 112 Street,Miami Shores,FL 33168 Gina Franzua was present to interpret for her aunt Ms. Louise Alexandre. Ms. Alexandre spoke creole only. The Board asked questions. Gina Franzua proceeded to explain to her aunt about the form she had signed. Mr. Alexandre answered that she understood what she had signed. The interpreter proceeded to explain that her aunt was a housewife and did not understand about the lien. Ms. Franzua interpreted for her aunt what had just transpired. The interpreter went on saying that the roof leaking was what brought to light the lien on the house. The Board asked questions. Gina Franzua proceeded to ask her aunt about the lien. Ms. Alexandre responded in creole that she never knew about the lien until she tried to get her roof fixed. The Board asked questions. Ms. Franzua explained that she had just started to help her aunt clean up the trash. The Board asked questions. Officer Flores answered that he had spoken to someone about two weeks ago. The Board proceeded with more questions. Ms. Alexandre spoke to the interpreter about the violation. The interpreter asked Ms.Alexandre and she said she did not understand. The Board asked questions. Officer Flores testified that the annexed area had been visited by Code Enforcement,Police Dept., and Public Works with interpreters. The Board asked questions and made suggestions. Mr. Sarafan addressed the issues that were brought up. The interpreter explained that her aunt only gets 1,000.00 a month for her expenses. Ms. Alexandre proceeded to talk in creole.The Board asked questions. Motion: Upon receipt of$5,000.00 payable within 180 days that the lien be released Moved by Barry Perl,seconded by Bob Smith Vote: Denied(Yes=3,No=4,Abstain=0) Yes: Bob Smith,Barry Perl,Chairman Vickers No: Barry Asmus,John Patnik,Manny Quiroga,Rod Buenconsejo Case(s): 3-11-8346;2-13-10900 Owner: Miami Property Solutions&Miller Address: 38 NW 108 Street,Miami Shores,FL Mr. Miller testified that the house was bought with violations in place. He said that it has been a challenge to finish this project. All permits have been submitted which included DERM permits which was a challenge. Mr. Sarafan attested to the fact that DERM does take a long time to issue permits. The Board asked questions. Mr. Miller testified that the house it's on the market for 469,000.00. The Board asked questions. Mr. Miller testified that it took him a year to get all the permits. The Board asked questions. Motion: I move that upon payment of $5,800.00 within 60 days that the liens on this property be released. Moved by Rod Buenconsejo,seconded by Bob Smith Vote: Passed(Yes=4,No=3,Abstain=0) Yes: Bob Smith,Rod Buenconsejo,Barry Perl,Chairman Vickers No: Barry Asmus,John Patnik,Manny Quiroga Case: 2-09-5449 Owner: Ernesto Hernandez Address: 9404 N.Miami Avenue,Miami Shores,FL Mr. Hernandez was present and testified that he would amend his offer to $1,100.00. The Board asked questions. Mr. Sarafan read into the record the letter submitted by Mr. Fernandez in a previous submission for Request for Relief. The Board asked questions. Motion: I move that upon receipt of$1,100.00 payable within 30 days that the lien be released Moved by Manny Quiroga,seconded by Bob Smith Vote: Passed(Yes=S,No=1,Abstain=1) Yes: Manny Quiroga,John Patnik,Bob Smith,Rod Buenconsejo,Chairman Vickers. No: Barry Asmus Abstain: Barry Perl Case: 4-14-12585 Owner: Carlos Harrison Address: 10600 NE 10 Ct.,Miami Shores,FL 33160 Mr. Harrison testified that he did not know about the fines. The Board asked questions. AC 1 Contractors was the painter. The Board asked questions. He pulled the permits ones he was in town. The Board asked questions. Motion: I move that upon receipt of$1,500.00 payable within 30 days that the lien on this property be released Moved by Rod Buenconsejo,seconded by Manny Quiroga Vote: Passed Unanimously Yes: Manny Quiroga, John Patnik, Bob Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Chairman Vickers. Case: 1-11-8099 Owner: Isaias Cruz Address: 9817 N. Miami Avenue,Miami Shores,FL Mr. Cruz testified that the garage enclosure was there when he bought the property. He added that the Code Officer had asked him to return it to the original configuration or get the permit. He spoke to the Building Department. The garage was completely redone and enhanced the property. He even went to the Planning and Zoning Department. This was the only case that was not in compliance. The Board asked question. Mr. Sarafan clarified that he bought the house without knowledge of the garage enclosure. The Board asked questions. Officer Orta testified that he had given Mr. Cruz many extensions to bring the case into compliance. The Board asked questions. Officer Orta testified that there was nothing that would indicate that this was done by a previous owner. Mr. Cruz testified that this was something that he had inherited. The Board asked questions. Mr. Cruz answered that he did take some time but that he was doing all possible to come into compliance. Motion: I move that upon receipt of$500.00 payable within 30 days that the lien on this property be released Moved by Manny Quiroga,seconded by Barry Perl Vote: Denied(Yes=3,No=4,Abstain=0) Yes: Manny Quiroga,Bob Smith,Barry Perl No: John Patnik,Barry Asmus,Rod Buenconsejo,Chairman Vickers. Case: 3-11-8274;3-11-8277 Owner: Patrick Lubin&Laremise Movestine Address: 11121 NW 6th Avenue,Miami Shores,FL 33138 Mr. Patrick Lubin and Ms. Laremise Movestine were present. Ms.Movestine testified that she did not come in to take care of the problem as soon. Mr. Sarafan read into the record the letter submitted in Ms. Movestine's previous Request for Relief. The Board asked questions. Ms. Movestine testified that she had to evict the renters because they did not pay. She testified that she now has a management company managing the property. The Board asked questions. Motion: I move that upon receipt of$8,000.00 payable within 30 days that the lien on this property be released Moved by Barry Perl,seconded by Bob Smith Vote: Passed(Yes=6,No=1,Abstain=0) Yes: Manny Quiroga,John Patnik,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers. No: Barry Asmus Case: 10-13-12079 Owner: RW HoldinIs Group,LLC Address: 9306 NE 9` Avenue,Miami Shores,FL 33138 Jose Raposo, Esquire was present. He testified that originally this was going to be an investment but they decided for it to become their homestead. Mr. Raposo testified that they had diligently been trying to bring this into compliance. The Board asked questions and made comments. Mr. Raposo testified that this was a very problematic address. The Board asked questions. Motion: I move that upon receipt of$2,500.00 payable within 30 days that the lien on this property be released Moved by Rod Buenconsejo,seconded by Barry Perl Vote: Pased Unanimously Yes: Manny Quiroga, John Patnik, Bob Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Chairman Vickers. Case: 8-11-8892 Owner: Yngwie Malmsteen Address:1009 NE 94th Street,Miami Shores,FL 33138 Joe Carlano,Esquire was representing Mr.Malmstein and was present. He testified that he was neighbors with Mr. Malmstein. The Board asked questions. Motion: I move that upon receipt of$1,000.00 payable within 30 days that the lien on this property be released Moved by Manny Quiroga,seconded by Barry Perl Vote: Passed(Yes=6,No=1,Abstain=0) Yes: Manny Quiroga,John Patnik,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers. No: Barry Asmus MINUTES Code Enforcement Board February 5,2015 minutes were approved with amendment. Moved by Barry Perl- Seconded by Rod Buenconsejo Approved unanimously Mr. Sarafan gave a brief presentation as to the times that the Village Attorney shall give his advice. The Board commented on the issue. NEXT MEETING The next meeting will be on April 2,2015 ADJOURNMENT March 5,2015 Code Board meeting was adjourned Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Perl,Barry Miami Shores Code Violation Board MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON Post Office Box 530858 WHICH I SERVE IS A UNIT OF: CITY COUNTY QCITY []COUNTY ❑OTHER LOCAL AGENCY Miami Shores Village,Miami-Dade County NAME OF POLITICAL SUBDIVISION: nGTF ON WHICH VOTE OCCURRED Miami Shores Village MY POSITION IS: ❑ ELECTIVE Q 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 inures to his or her special private.gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- .;ure which inures to the special gain or loss of a principal (other than a government agency)by whom he or sheds 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 by you or at your direction. YOU INTEND TO,MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE KEN: • 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 ✓ ,, I, Barry Perl hereby disclose that on J v'jj(uH 3 �� �� 2015 (a)A measure came or will come before my agency which"(check one) IZI 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. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: A request for relief by my neighbor Ernesto Hernandez of 9404 North Miami Avenue with whom I have unwittingly had private conversations prior to the case being cited. �0/S Date Filed Signature, FOTICE:'UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A .IVIL PENALTY NOT TO EXCEED$10,000. CE FORM 86-EFF.1/2000 PAGE 2