12-03-2015 Regular Meeting R
t
CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday, December 3,2015
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 3, 2015, at
the Miami Shores Village Hall. The meeting was called to order at 6:00 pm.by Chairman, Robert Vickers.
Roll Call.
Present: Manny Quiroga,Patrick Huber,Robert Smith,Rod Buenconsejo,Barry Pert,Chairman Robert
Vickers.
Absent: Barry K.Asmus
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,Code Enforcement Supervisor
Mike Orta,Officer,Code Enforcement
Richard Sarafan,Village Attorney
Mariana Gracia,Clerk
FIRST HEARING
Note: No one present for first hearing.
Summary Adjudication for 1St Hearings: Case(s): 10-15-14567; 10-15-14573; 10-15-14632; 10-15-
14660; 10-15-14693; 10-15-14694; 10-15-14695;6-15-14248;8-15-14436; 8-15-14451;9-15-14532.
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. 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 Barry Perl,seconded by Manny Quiroga
Motion: Passed Unanimously
PENALTY HEARING
Note: No one present for Penalty Hearing
Summary Adjudication for Penalty Hearings: Case #'s: 10-15-14566; 10-15-14568; 10-15-14574; 10-
15-14577;6-15-14132;6-15-14133;6-15-14134;6-15-14135;6-15-14136.
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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 Bob Smith
Vote: Passed Unanimously
REQUEST FOR RELIEF
Case(s): 3-09-5494; 12-11-9332; 12-11-9333; 8-14-12994; 8-14-12995
Owner: Carlos A. Lopez
Address: 10520 NE 6 Avenue
Mr.Carlos A.Lopez was present and testified. Mr. Lopez testified that he was here to represent the owner who is in
Mexico. The Board asked questions. Mr. Lopez testified that the property is for sale pending the resolution of these
liens. Mr. Sarafan asked questions. Mr. Lopez testified that the property is owned by his client but that the owners
have not been around for about three years. The Board asked questions. Jorge Velazquez is the realtor for the
property sale. Mr.Lopez amended his offer to$3,000.00 within 30 days.
Failed for lack of Motion
Case(s): 7-10-7502
Owner: Jesus R.Jimenez
Address: 41 NW 106 Street
Jesus R. Jimenez was present and wished to testify. He testified that he wanted to make some improvements to his
property. The Board asked questions. Mr. Jimenez said that he had refinanced the property with the same lender.
Mr. Jimenez testified that he wants to resolve this lien because it is causing him stress due to other financial
hardships. Offer amended to$6,000.00 within 30 days. The Board asked questions to Staff. Officer Flores explains
that the house is in good condition. Mr. Sarafan points out the letter submitted with the package.
Motion: That upon receipt of$6,000.00 payable within 30 days that the lien be released.
Moved by Barry Perl,seconded by Manny Quiroga
` Vote: Passed(Yes=5,No=1,Abstain=0)
Yes: Manny Quiroga,Patrick Huber,Robert Smith,Barry Perl,Chairman Robert Vickers
No: Rod Buenconsejo
Case(s): 4-08-4116;7-15-14310; 7-09-5339
Owner: Bank of New York Mellon
Address: 289 NW 92 Street
George Supina and Gabriel Rosende, Realtors were present and wished to testify. They work for Bayview loan
Servicing. Mr. Supina testified that once the Bank found out about the violations they hired a contractor to take care
of the violations. This contractor walked out with $10,000.00. Mr. Supina testified that finally the house is in
compliance after putting impact windows. Offer amended to $7,000.00. The Board asked questions. The house is
for sale and they are asking $152,000.00. The Board asked questions to Staff. Mr. Supina testified about the
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expired permits. There is a contract on the house. Offer amended to$10,000.00 payable within 30 days. The Board
asked questions to Staff.
Motion: That upon receipt of$10,000.00 payable within 30 days that the lien be released.
Moved by Rod Buenconsejo,seconded by Barry Perl
Passed Unanimously
Case(s): 12-11-9365; 6-09-5774
Owner:Jose Villoni C/O Aubrey Rudd Esq.
Address: 84 NW 104 Street
George Shapiro, Esquire from the law office of Aubrey Rudd was present to testify. Mr. Shapiro testified that he
has been representing Mr. Villoni for the last seven years in the foreclosure. Mr. Shapiro testified that Mr. Villoni
had come into compliance in a reasonable amount of time but he never called it in to Code Compliance. Mr.
Shapiro said that Mr. Villoni got to a point where he could not afford the house any longer. Mr. Shapiro said that
they tried to help him through a modification process and they failed. Mr. Shapiro said that they are now in the
process of a short sale with an offer on the house for $300,000.00. He testified that Mr. Villoni had a judgement
against himself. Mr. Shapiro states that when they went to sell the property they saw that there is a lien on the
property. Offer amended to $10,000.00 payable within 30 days. The Board asked questions to Staff. Mr. Sarafan
asked questions.Mr. Sarafan suggests increasing the time to pay to 60 days instead. Motion amended to 60 days.
Motion: Move that upon payment$10,000.00 payable within 60 days
Moved by Manny Quiroga,Seconded by Barry Perl
Passed Unanimously
Board members discussion took place at this time. Mr. Sarafan explains the Sunshine Law to the Board members.
MINUTES
Minutes for November 5,2015
Motion by Barry Perl, Seconded by Manny Quiroga
Passed Unanimously
NEXT MEETING
The next meeting will be on February 4,2016
ADJOURNMENT
December 3,2016 de- d meeting was adjourned
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Anthony Flores,Code Enforcement Supervisor Robert Vickers,Chairman
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