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CEB MINUTES 2019-08-011 Mayor Crystal Wagar Vice Mayor Alice Burch Vice Mayor 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: 8-1-2019 TIME: 6:00 PM COUNCIL CHAIMBERS 1) CALL TO ORDER The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 1, 2019, at the Miami Shores Village Hall. Chairperson, Patrick Huber, called the meeting to order at 6:00 pm. 2) ROLL CALL Present: Chairman Patrick Huber, Mr. Robert Vickers, Ms. Stephanie Pavolini, Mr. Rod Buenconsejo, Mr. Barry Perl. Absent: Ms. Darci Cohen –excused absence Ms. Gladys Coia – excused absence Swearing in the Witnesses by Richard Sarafan, Village Attorney. “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: Richard Sarafan, Village Attorney 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 Notice of Violation 8-1-2019.pdf 1. Case # 006494-2019 2 Gator 9723 NE 2 Avenue, LLC 9723 NE 2 Avenue The representative for the owner Mr. Jeff Marchant was present. He agreed that the violation exists. Motion: with respect to case 006494-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Barry Perl Seconded: By Mr. Robert Vickers Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 2. Case # 006335-2019 Atlantic Oil Inc. 9601 NE 2nd Avenue The representative for the owner Mr. Giovanni Rodriguez was present. The representative agreed that the violations exist. Motion: with respect to case 006335-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Barry Perl Seconded: By Mr. Robert Vickers Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 3. Case #006332-2019 Bank of America 9475 NE 2nd Avenue 3 The Bank representative Ms. Elizabeth Palati was present. The representative agreed that the violations exist. Motion: with respect to case 006332-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Rod Buenconsejo Seconded: By Mr. Robert Vickers Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 4. Case #006492-2019 SOUTHTRUST BANK NAT’L ASSOC. 9899 NE 2ND Avenue The Bank representative was present. The representative agreed that the violations exist. Motion: with respect to case 006492-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Rod Buenconsejo Seconded: By Ms. Stephanie Pavolini Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 5. Case #006079-2019 Shores Landing LLC 9701 NE 2nd Avenue Ms. Gladys Matz was present. She agreed that the violations exist. Motion: with respect to case 006079-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall immediately notify the Code Enforcement Officer when the property is brought in to compliance, In each such case, 4 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 amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Rod Buenconsejo Seconded: By Ms. Stephanie Pavolini Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 6. Case #005978-2019 Palazzo Leoni Inc. 9600 NE 2nd Avenue The representative for Palazzo Leoni Inc. Mr. Jonathan Arvilli was present. He agreed that the violations exist. Motion: with respect to case 005978-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Barry Perl Seconded: By Mr. Rod Buenconsejo Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 7. Case #005977-2019 Leocava LLC 9534 NE 2nd Avenue Mr. Jonathan was present. He agreed that the violations exist. Motion: with respect to case 005977-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of 5 $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Barry Perl Seconded: By Mr. Rod Buenconsejo Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 8. Case #000711-2019 Palazzo Leoni Inc. 9636 NE 2nd Avenue The representative Mr. Jonathan Arvilli was present. He agreed that the violations exist. Motion: with respect to case 000711-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Robert Vickers Seconded: By Mr. Rod Buenconsejo Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 9. Case #006289-2019 Leocava LLC Empty parking – no address The representative Mr. Jonathan Arvilli was present. He agreed that the violations exist. Motion: with respect to case 006289-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Robert Vickers 6 Seconded: By Mr. Rod Buenconsejo Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 10. Case #006290-2019 Leocava LLC Empty parking – no address The representative Mr. Jonathan Arvilli was present. He agreed that the violations exist. Motion: with respect to case 006290-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Barry Perl Seconded: By Mr. Rod Buenconsejo Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 11. Case #000707-2019 Leocava LLC 9534 NE 2nd Avenue The representative Mr. Jonathan Arvilli was present. He agreed that the violations exist. Motion: with respect to case 000707-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Rod Buenconsejo Seconded: By Ms. Stephanie Pavolini Vote: Motion carries 5-0. Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 7 12. Case #005976-2019 MSVC LLC 9400 NE 2nd Avenue Mr. Oscar Sklar was present and briefly testified about the violations. He agreed that the violations exist. Motion: with respect to case 005976-2019 I move for finding of fact in conclusion of law that there violation exists the offending party shall correct the violation within 6 months and shall 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 in the amount of $50.00 per violation a day thereafter which will constitute a line on the property of the violator. The lien will be retroactive to the date of the Order; cost in the amount of $50.00 is hereby assed to recoup the Village’s expenses in prosecuting the violations. Motion: Made by Mr. Rod Buenconsejo Seconded: By Mr. Robert Vickers Vote: Motion carries 5-0. Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. Summary Adjudication for 15st Hearings: Case(s): 000719-2019; 003686-2019; 004317-2019; 004341- 2019; 004432-2019; 006080-2019; 006090-2019; 006188-2019; 006333-2019; 006334-2019; 006491- 2019; 004108-2019; 005432-2019; 005465-2019. 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 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.” Motion made by Mr. Rod Buenconsejo, seconded by Mr. Barry Perl Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 4) PENALTY HEARING - ENFORCEMENT ORDERS 8 Enforcement Orders 8-1-2019.pdf Summary Adjudication for Penalty Hearings: Case #’s: 001131-2019; 002058-2019; 003983-2019; 019681-2018; 0193-2018. 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 Rod Buenconsejo, seconded by Mr. Barry Perl Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 5) REQUEST FOR RELIEF 1. Case #4-12-9778 Tim Crutchfield 69 NE 99 Street Mr. Crutchfield was present and wished to testify. The Board asked questions. Mr. Crutchfield explained what caused the lien. Chairman Huber asked the final question. Motion: Motion to accept 5,000.00 payable in 30 Days made by Mr. Rod Buenconsejo Second: by Mr. Barry Perl. Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 2. Case #6-18-17944; 6-18-17945 Rigoberto Martinez 718 NE 95 Street Mr. Martinez was present and wished to testify. The Board asked questions. Mr. Martinez explained that his brother accrued the liens. He now owns the property; and would like to clear these liens. Chairman Huber asked the final question. Motion: Motion to accept 1,000.00 payable in 30 days made by Mr. Rod Buenconsejo. Second: by Mr. Robert Vickers. Vote: Motion carries 5-0 Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 3. Case #019505-2018 Danny Varona & Belkys Varona 9 517 NE 91 Street Mr. Varona was present and wished to testify. The Board asked questions. Mr. Varona explained the reason for the minor lien. He would like to get this lien cleared. Chairman Huber asked the final question. Motion: Motion to accept 150.00 payable in 30 days made by Mr. Rod Buenconsejo. Second: by Mr. Robert Vickers. Vote: Motion carries 4-1 with Mr. Rod Buenconsejo voting against it. Mr. Robert Vickers, Mr. Rod Buenconsejo, Ms. Stephanie Pavolini, Mr. Barry Perl, Chairman Patrick Huber. 6) MINUTES Code Board Meeting Minutes - June 6, 2019 Motion to approve the Meeting Minutes of June 6, 2019 made by Mr. Robert Vickers, seconded by Mr. Rod Buenconsejo and the Motion carries 3-2 with Mr. Barry Perl and Ms. Stephanie Pavolini abstaining because they were not at the meeting on June 6, 2019. 7) DISCUSSION The Chairman and the Board members discussed absences by the Board. There was consensus about having the minutes reflect if there is an excused or unexcused absence by the Board members. 8) ADJOURNMENT The meeting adjourned at 7:30 PM.