CEB MINUTES 2019-03-07Mayor MacAdam Glinn
Ace Mayor Sean Brady
Councilwoman Alice Burch
Councilman Jonathan Meltz
Tom Benton, Village Manager
Richard Sarafan, Village Attorney
Ysabely Rodriguez, Village Clerk
Councilman Steven Zelkowitz
&WG
COF
CODE ENFORCEMENT MEETING MINUTES
DATE 3 -7 -2019 TIME 6:00 PM COUNCIL CHAIMBERS
1) CALL TO ORDER
Vice Chair, Rod Buenconsejo called the meeting to order at 6:00 PM
Mr Sarafan introduced the meeting.
Mr Buenconsejo explained what the Board duties are regarding this meeting.
2) ROLL CALL
Present: Vice Chair, Rod Buenconsejo
- Ms. Gladys Coia
Ms. Darci Cohen
Mr. Robert Vickers
Absent: Mr. Patrick Huber — Excused absence
Mr. Ronnie Guillen
Also Present: Richard Sarafan, Village Attorney
Elizabeth McIntosh, Attorney
Lazaro Remond, Code Director
Mike Orta, Code Officer
Mariana Gracia, Code Clerk
3) FIRST HEARING - NOTICES OF VIOLATION
3.A Notices of Violation
2019 -3 -7 Notices of Violation.pdf
Case 44 -18 -17675 Livia Rodriguez - 190 NW 100th Street, Miami Shores, FL
Mr. Alex Rodriguez (son) was present to testify on behalf of his mother Ms. Livia Rodriguez. Officer Lazaro
Remond briefly testified about this case. Staff recommended 90 days to comply. The Board asked questions.
Motion: With respect to case 4- 18- 17675, I move for finding of fact and conclusion of law that there exists a
violation of the Miami Shores Village Code 6 -4(a). The offending party shall correct all the violation within 90
days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.
Cost in the amount of $50.00 per case is hereby assessed to recoup the Village expenses in prosecuting the
violation to this day.
Moved by Ms. Darci Cohen, seconded by Ms. Gladys Coia and the Motion was approved 4 -0
Case# 000114 -2019 Miami Shores Service Station LLC - 8700 Biscayne Blvd. - Carlos Hernandez - MASEBS
LLC
Mr. Ignacio M. Urbieta was present to testify. Officer Mike Orta gave a brief explanation of the Code
violation. The Board asked questions.
Motion: With respect to case 000114 -2019 , I move for finding of fact and conclusion of law that there exists a
violation of the Miami Shores Village Code 6 -4(a). The offending party shall correct all the violation within 30
days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.
Cost in the amount of $50.00 per case is hereby assessed to recoup the Village expenses in prosecuting the
violation to this day.
Moved by Ms. Darci Cohen, seconded by Mr. Robert Vickers and the Motion was approved 4 -0
Case# 000974 -2019 - Marie Lemorin - 174 NW 100th ST, Miami Shores, FL
Mr. Stanley Lemorin was present to testify.
Motion: With respect to case 000974-2019, I move for finding of fact and conclusion of law that there exists a
violation of the Miami Shores Village Code 12 -133. The offending party shall correct all the violation within 30
days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.
Cost in the amount of $50.00 per case is hereby assessed to recoup the Village expenses in prosecuting the
violation to this day.
Moved by Ms. Darci Cohen, seconded by Mr. Robert Vickers and the Motion was approved 4 -0
Summary Adjudication for 1st Hearings: Case(s): 4 -18- 17675; 019612 - 2018; 8-18- 18354; 000712 -2019;
001012 -2019; 001113 -2019; 019681 -2018.
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 staff's recommendations
for tonight's hearing, retroactive to the original compliance deadline. Further, with respect to each such case, costs
in the amounts specified in Staff's recommendations for tonight's hearings are hereby assessed in order to recoup
the Village's expenses in prosecuting the violations to date."
Moved by Ms. Gladys Coia, seconded by Mr. Robert Vickers
Vote: Motion was approved 4 -0 Mr. Mr. Robert Vickers, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chair Rod
Buencosejo.
4) PENALTY HEARING - ENFORCEMENT ORDERS
4.A Enforcement Orders
2019 -3 -7 Enforcement Orders.pdf
Case #7 -18 -18105 - 190 NW 99 ST LLC - Mr. Kerry Pool
Mr. Kerry Pool was present to testify. Officer Mike Orta gave a brief presentation of the violation. The Board
asked questions.
Motion to Table: With respect to case 7 -18 -18105 , I move for finding of fact and conclusion of law that there
exists a violation of the Miami Shores Village Code 64(a). Cost in the amount of $50.00 is hereby assessed to
recoup the Village expenses in prosecuting the violation to this day.
Moved by Mr. Robert Vickers, seconded by Ms. Darci Cohen and the Motion was approved 4 -0
Summary Adjudication for Penalty Hearings: Case #'s: 019618 -2018; 3 -18- 17525; 019504 -2018; 01 -5 -2018;
019579 -2018; 019684 -2018; 019803 -2018.
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 Ms. Darci Cohen, seconded by Mr. Robert Vickers
Motion carries 4 -0
Mr. Robert Vickers, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chair Rod Buenconsejo.
5) REQUEST FOR RELIEF
REQUEST FOR RELIEF
Case# 12 -11 -9358
Janyce Williams
601 NE 105 Street, Miami Shores, FL 33138
Ms. Janyce Williams was present to testify and request relief. The Board asked questions. Ms. Williams said that her final
offer is $500.00.
Motion to accept the $500.00 to release the Code lien was made by Mr. Robert Vickers, seconded by Ms. Gladys Coia and
the Motion was approved 4 -0
Mr. Robert Vickers, Ms. Darci Cohen, Ms. Gladys Coia, Vice Chair Rod Buenconsejo.
6) MINUTES
6.A Minutes of February 7, 2019
Motion to approve the Minutes made by Mr. Robert Vickers, Seconded by Ms. Gladys Coia and the Motion was
approved 4 -0.
CODE ENFORCEMENT BOARD MEETING 2 -7 -2019
7) DISCUSSION
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Mr. Sarafan spoke about voting to choose a Chair and Vice Chair. The Board agreed.
Nomination of Mr. Patrick Huber as Chair of the Code Enforcement Board made by Ms. Gladys Coia, Seconded
by Ms. Darci Cohen and the nomination was approved 4 -0.
Motion to nominate Mr. Patrick Huber as Chair of the Code Enforcement Board by Acclamation made by Ms.
Gladys Coia, seconded by Mr. Robert Vickers
and the nomination was approved 4 -0
Nomination of Mr. Rod Buenconsejo as Vice Chair of the Code Enforcement Board made by Ms. Gladys Coia,
Seconded by Mr. Robert Vickers and the nomination was approved 4 -0.
Motion to nominate Mr. Rod Buenconsejo as Vice Chair of the Code Enforcement Board by Acclamation made
by Mr. Robert Vickers, seconded by Ms. Darci Cohen and the nomination was approved 4 -0
Mr. Sarafan, The Board and Staff expressed their gratitude for Mr. Rod Buenconsejo's service on this Board.
Motion by Ms. Gladys Coia. seconded by Mr. Robert Vickers and the Motion passed 4 -0.
8) ADJOURNMENT
The Board expressed their appreciation for Staffs presentation at the hearing. Compliments to all Staff.
Adjourned at 7:30 PM.
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