CEB MINUTES 2019-05-02Mayor Crystal Wagar
/ice Mayor Alice Burch Tom Benton, Village Manager
Councilwoman Sean Brady /lC�/jf/j/)G clleJ Richard Sarafan, Village Attorney
Councilman.Stephen Loffredo Ysabely Rodriguez, Village Clerk
Councilman Jonathan Meltz
CODE ENFORCEMENT MEETING MINUTES
DATE: May 2, 2019 TIME: 6:20 PM COUNCIL CHAIMBERS
1) CALL TO ORDER
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 2, 2019,
at the Miami Shores Village Hall. The meeting was called to order at 6:20 pm. by Chairman, Patrick
Huber.
During the Code Enforcement Board Meeting held on May 2, 2019, Chairman Patrick Huber, pursuant
to Article IV, Sec. 2- 77(c), a motion passed to declare Mr. Ronnie Guillen's office vacant due to
excessive unexcused absences Discussion by the Board about the matter took place at this
time. Motion by Chairman Patrick Huber Seconded by Mr. Rod Buenconsejo Motion was approved 3 -1
with Ms. Gladys Coia voting against it.
2) ROLL CALL
Present: Chairman Patrick Huber, Mr. Robert Vickers, Ms. Gladys Coia, Mr. Rod Buenconsejo.
Absent: Ms. Darci Cohen — no excuse
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 Elizabeth McIntosh, Assistant Village Attorney
Lazaro Remond, Code Compliance Director
Michael Orta, Code Compliance Officer
Mariana Gracia, Code Enforcement Clerk
3) FIRST HEARING - NOTICES OF VIOLATION
NOV for May 2, 2019
Notices of Violation May 2, 2019.pdf
Case # 001755 -2019
Miami Capital Fund I LLC
425 NE 91 Street
Case # 001756 -2019
CK Property Solutions LLC
121 NE 96 Street
Discussion by the Board and Staff took place at this time. Staff made recommendations.
Motion: with respect to case 001755 -2019 and 001756 -20191 move for summary adjudication finding of
fact in conclusion of law that there exists an irreparable 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 the time period speed by Staff in the Staff recommendations for these hearing and
immediately notify the Code Enforcement Officer when the property is brought in to 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. 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 specked in Staffs recommendations for tonight's hearings are
hereby assessed in order to recoup the Village's expenses in prosecuting the violations to date.
Amended by Ms. Gladys Coia — That these two cases include a finding of fact that an irreparable
violation exists as charged
Motion by Mr. Rod Buenconsejo, Seconded by Mr. Robert Vickers
Motion was approved 4-0
Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber.
n
Summary Adjudication for 15st Hearings: Case(s): 001005 -2019; 001975 -2019; 000435 -2019; 000710 -
2019; 001490 -2019; 001503 -2019; 0025642019; 019592 -2018.
The officer, Lazaro Remond, tested 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 speed 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
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 Mr. Robert Vickers, seconded by Mr. Rod Buenconsejo
Vote: Motion was approved 40
Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber.
2
4) PENALTY HEARING - ENFORCEMENT ORDERS
Code EO for May 2, 2019
Enforcement Orders May 2, 2019.pdf
Case # 019628 -2018
Eric Afflerbach
146 NE 98 Street
Mr. Eric Afflerbach was present and testified. The Board Asked questions. Staff gave their testimony as
to the state in which the landscape is. Mr. Afflerbach testified that he had done a lot of work on the
landscape to get it to where it is now. The Board asked questions. Staff made recommendations is to
close the case as complied with a subsequent offense to be fined at 500.00.
Motion: To Accept Staff's recommendations.
Motion: made by Ms. Gladys Coia to accept Staff's recommendations, seconded by Mr. Rod
Buenconsejo and the Motion was approved 3 -1 with Mr. Robert Vickers voting against it.
Summary Adjudication for Penalty Hearings: Case #'s: 3 -18- 17432; 7 -18- 18181; 8 -18- 18331;
1 -18- 17285.
The officer, Lazaro Remond, testified that Affidavits of Non - Compliance and evidence of violation exists
in each of the files.
Motional 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 Rod Buenconsejo, seconded by Mr.
Motion carries 4 -0
Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms
5) REQUEST FOR RELIEF
Cases: 11 -11 -9197; 12 -11 -9287; 9 -8 -4769
Attorney Diva Totten
967 NE 91 Terrace
Robert Vickers
Gladys Coia, Chairman Patrick Huber.
Attorney Diva Totten proceeded to testify that the some of the liens mentioned foreclosed on and
therefore they were not enforceable. The Board asked questions. Final Offer is $1,000.00.
Failed for lack of Motion
Cases: 3 -16- 15004; 3 -16- 15006; 5 -8 -4202; 5 -10 -7116; 8 -6 -1026; 8 -6 -1027; 8 -10 -7602;
8 -10 -7603
142 NW 111 Street
Attorney Diva Totten proceeded to testify that the some of the liens mentioned foreclosed on and
therefore they were not enforceable. The Board asked questions. Final Offer is 1,400.00
Failed for lack of Motion.
Cases: 5 -10 -7125; 8 -12- 10236; 8 -12- 10237; 8 -12 -10238
Marilyn Hawkins
749 Grand Concourse
Ms. Hawkins testified that she had some financial trouble in the past. The Board asked questions. Final
offer is 500.00
Failed for lack of Motion.
Cases: 2 -14- 12338; 3 -16 -15099
Euclides Jose Jimenez
43 NW 110 Street
Mr. Carlos Herrera testified that the house is currently in compliance and that they wished to settle
these liens in order to sell the property. The Board asked questions. Amended amount is $5,000.00
Motion: That upon receipt of $5,000.00 payable within 60 days that the liens be released.
Moved by Mr. Rod Buenconsejo, seconded by Mr. Robert Vickers
Vote: Motion Approved 4 -0
Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber.
6) MINUTES
Minutes for March 7, 2019 and April 4, 2019
Code Enforcement Minutes 3- 7- 2019.docx
Code Enforcement Minutes April 4 2019.docx
Minutes for March 7, 2019
Motion to approve the March 7, 2019 Minutes made by Ms. Gladys Coia, seconded by Mr. Robert
Vickers, and the Motion was approved 4 -0.
Minutes for April 4, 2019
Motion to approve the April 4, 2019 Minutes made by Mr. Rod Buenconsejo, seconded by Ms. Gladys
Coia, and the Motion was approved 4 -0.
7) DISCUSSION
Discussion took place about absences without excuse from the Board members. Chairman Huber gave
some details as to the member's absences and also, how many Board members we have on the Board
now.
8) ADJOURNMENT
NEXT MEETING The next meeting will be on June 6, 2019 ADJOURNMENT
May 2, 2019 d and meeting adjourned
Lazaro Remond, Code Compliance Director
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