Loading...
CEB MINUTES 2019-06-061 Mayor Crystal Wagar Vice Mayor Alice Burch Councilman Sean Brady Councilman Stephen Loffredo Councilman Jonathan Meltz Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT MEETING MINUTES DATE: Thursday, June 6, 2019 TIME: 6:00 PM COUNCIL CHAIMBERS 1) CALL TO ORDER The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 6, 2019, at the Miami Shores Village Hall. Chairperson, Patrick Huber, called the meeting to order at 6:05 pm. 2) ROLL CALL Present: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. Absent: Ms. Darci Cohen – Excused absence In Attendance: Richard Sarafan, Village Attorney Lazaro Remond, Code Compliance Director Michael Orta, Code Compliance Officer Mariana Gracia, Code Enforcement Clerk 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. 3) FIRST HEARING - NOTICES OF VIOLATION Notices of Violation June 6, 2019.pdf Summary Adjudication for 15st Hearings: Case(s): 000090-2019; 002876-2019; 003691-2019; 003695-2019; 9-16-15804; 001131-2019; 002058-2019; 003983-2019; 019693-2019. 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 2 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 Mr. Robert Vickers, seconded by Mr. Rod Buenconsejo. Vote: Motion was approved 4-0 Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. 4) PENALTY HEARING - ENFORCEMENT ORDERS Enforcement Orders June 6, 2019.pdf Summary Adjudication for Penalty Hearings: Case #’s: 001116-2019. 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: Mr. Rod Buenconsejo, seconded by Mr. Robert Vickers Motion carries 4-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. 5) REQUEST FOR RELIEF Case: 3-18-17431 Alexandra Denis (Estate of Camille Denis) 10330 NW 2 Avenue Miami Shores, FL 33150 Ms. Alexandra Denis on behalf of the Estate of Camille Denis was present to testify. She testified that her dad who had recently passed away was a resident of the Village for 42 years. She testified that she inherited all the issues with this house. The house sold and the money for the lien is in escrow. Final Offer is $5,500.00. Motion to accept the amount of $5,500.00 payable in 30 Days and that the lien be released made by Mr. Rod Buenconsejo, Seconded by Ms. Gladys Coia and the Motion was approved 4-0 Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. 3 Cases: 6-15-14132; 6-15-14133; 6-15-14134; 6-15-14135; 6-15-14136 45 NE 103 Street LLC 200 East Las Olas Blvd., Suite #1550 Fort Lauderdale, FL 33301 Mr. Ariel Landi, Partner for 45 NE 103 Street LLC was present and wished to testify. Chairman Huber read into the record the violations. Mr. Landi gave an extensive explanation of the process he had to go through with the permits and what he understood that the Code Officer at the time wanted in order to comply. Mr.Landi conveyed that he did not understand where the fines accrued was from. Mr. Sarafan gave an explanation as to how the fines got to the amount they did. This item was the first item on the agenda, and then tabled by the Board to allow Mr. Ariel Landi’s Attorney to speak on his behalf. The Board asked questions. Mr. Sarafan and Mr. Landi’s Attorney stepped outside to discuss the case. They both came back after having a conversation. The final offer is $5,000.00. Motion to accept the amount of $5,000.00 payable in 30 Days and the liens to be released made by Mr. Robert Vickers; Seconded by Ms. Gladys Coia and the Motion was approved 3-1 Yes: Mr. Robert Vickers, Ms. Gladys Coia, Chairman Patrick Huber. No: Mr. Rod Buenconsejo Cases: 11-11-9197; 12-11-9287; 9-08-4769 HMC Assets, LLC c/o Gasdick, Stanton, Early, P.A. 1600 West Colonial Drive Orlando, FL 32804 Nory Torino, local Counsel for Gasdick, Stanton, Early, P.A... Her address is 967 NE 91 Terrace, Miami Shores, FL 33138. Chairman Huber read into the record the violations for this property. The attorney claims that because the property had been through a foreclosure the owner’s (HMC Assets, LLC) position is that these liens had been extinguish at foreclosure. The owner is willing to settle for $1,050.00. Mr. Sarafan spoke in favor of this settlement because there were some Motions submitted by Gasdick, Stanton, Early; P.A. that would cost the Village to defend in Court. Chairman Huber stated that at the previous hearing of these cases, many opportunities given to Counsel to put forward a different amount to settle the liens. The Code Compliance Director, Lazaro Remond spoke in favor of Mr. Sarafan’s position. The Board asked questions. The final offer is $1,050.00. Motion to accept the amount of $1,050.00 payable in 30 Days and the liens be released made by Mr. Rod Buenconsejo, Seconded by Ms. Gladys Coia and the Motion was approved 3-1. Yes: Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. No: Mr. Robert Vickers Cases: 3-16-15004; 3-16-15006; 5-08-4202; 5-10-7116; 8-06-1026; 8-06-1027; 8-10-1602; 8-10-7603 Breckenridge Property Fund 2016, LLC c/o Gasdick, Stanton, Early, P.A. 1600 West Colonial Drive Orlando, FL 32804 4 Nory Torino, local Counsel for Gasdick, Stanton, Early, P.A... Her address is 967 NE 91 Terrace, Miami Shores, FL 33138. Chairman Huber read into the record the violations for this property. The attorney stated that because the property had been through a foreclosure the owner’s (Breckenridge Property Fund 2016, LLC) position is that these liens did extinguish at foreclosure. The owner is willing to settle for $1,450.00. Chairman Huber read into the record all the violations for this property. The attorney conveyed that the owner is willing to take this matter to Court if this not settled tonight. Foreclosure procedure took place in 2009. Mr. Sarafan added that this property potentially would be sold to a family. Strong recommendation by Mr. Sarafan to accept this offer. Final offer $1,450.00. The Board declined this offer. Mr. Sarafan explained that there is an option to do a BP Motion (BP stands for Barry Perl) from the Board. Mr. Sarafan explained to the Board the options that Ms. Torino may have if the matter is not resolved tonight. Ms. Torino explained of how the foreclosed liens are viewed by the Title Companies. There was discussion by the Board and Mr. Sarafan. Ms. Torino said that the Owner is offering more than it would cost them to proceed with litigation. There was more discussion by the Board. Motion: That upon receipt of $1,450.00 payable in 30 days that the liens be released made by Ms. Gladys Coia, Seconded by Mr. Patrick Huber and the Motion was not approved 2-2. Yes: Ms. Gladys Coia, Chairman Patrick Huber. No: Mr. Robert Vickers, Mr. Rod Buenconsejo. BP 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 Motion Approved 4-0 Motion to amend the amount to $1750.00 made by Chairman Patrick Huber; Seconded by Ms. Gladys Coia and the Motion was not approved 2-2. Yes: Ms. Gladys Coia, Chairman Patrick Huber. No: Mr. Robert Vickers, Mr. Rod Buenconsejo. BP Motion: Approved 3-1 Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Chairman Patrick Huber. No: Ms. Gladys Coia. Cases: 4-16-15210;12-11-9356; 12-11-9357; 12-11-9355 DM Investments Services LLC 5171 SW 170 Avenue Miramar, FL 33027 Property address 85 NW 103 Street, Miami Shores, FL. Ms. Heidi Hernandez, Manager for DM Investments Services LLC was present and wished to testify. The Director of Code Compliance explained that this property had been through a Contract with the Village where they paid the Village and agreed to fix the property in a certain amount of time. They failed to do so in the time given, and incurred more fines after the contract expired. Mr. Sarafan gave a brief explanation of how this contract works. There was discussion between the Board, Staff and Mr. Sarafan. The Board asked questions. Ms. Hernandez testified that the Contractor they hired did not work as agreed. She said that the house had been broken into many times. The house is currently for sale. The Board asked more questions. Motion: That upon receipt of $1,000.00 payable within 30 days that the liens be released. Moved by Mr. Rod Buenconsejo, seconded by Ms. Gladys Coia Motion Approved 4-0 5 Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. Case: 8-18-18347 Navassa Investments 5600 SW 135 Avenue #109 Miami, FL 33183 Mr. Jose Lanado was present to testify. Address 515 NW 111 Street. He testified that the violation was there before they purchased the property. The Board asked questions. No discussion by the Board took place. Final offer is $500.00. Motion: That upon receipt of $500.00 payable within 30 days that the lien be released. Moved by Mr. Rod Buenconsejo, seconded by Mr. Robert Vickers Motion Approved 4-0 Yes: Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Gladys Coia, Chairman Patrick Huber. 6) MINUTES Minutes for May 2, 2019 Motion to approve the May 2, 2019 Minutes made by Mr. Rod Buenconsejo, seconded by Mr. Robert Vickers, and the Motion was approved 4-0. 7) DISCUSSION Chairman Huber asked about Ms. Cohen’s absence. The Board had a short discussion. Ms. Coia informed us that she will not be attending the August 1, 2019 Hearing. There was discussion about getting applicants to the Code Board in order to have a full Board. NEXT MEETING The next meeting will be on August 1, 2019 8) ADJOURNMENT The meeting adjourned at 7:30 PM.