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CEB MINUTES 2019-09-051 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: September 5, 2019 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, September 5, 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, Ms. Darci Cohen, Ms. Gladys Coia. Swearing in the Witnesses by Richard Sarafan, Village Attorney. "Will everyone that is going to testify tonight please rise your right hand and swear to tell the truth, the whole truth and nothing but the truth." In Attendance: Richard Sarafan, Village Attorney Lazaro Remond, Code Compliance Director Michael Orta, Code Compliance Officer Mariana Gracia, Code Enforcement Clerk 3) FIRST HEARING - NOTICES OF VIOLATION 3.A Notices of Violation Notice of Violation 9-5-2019.pdf HAZ 009103-2019 Harbour Club Villas Association, Inc. Mr. James Robert Stobs, President of the Association 2 1420 NE 105 Street, Miami Shores, FL Mr. Stobs was present and testified that the Association is doing everything in their power to correct the problem. Staff gave his recommendation for the Board to consider. The Board asked questions. There was discussion by the Board and Mr. Stobs. Public Comment Open: 1. Ms. Elizabeth Currin testified that she had lived at the condominium for the last ten years. She is in favor of Staff's recommendation. She testified that the buildings have had the problem for at least three years. The Board asked questions. Mr. Sarafan gave his legal opinion. Public Comment Closed. Discussion by the Board took place at this time. The Board asked questions. Sec. 12-103 Hazardous conditions – The violation has been complied. $500.00 fine adjudicated. Sec. 12-105: Sewage Disposal. This is a reoccurring violation. The violation has been complied. Sec. 12-86 – Maintenance of public space. This is a Reoccurring violation. The violation has been complied. 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: Mr. Robert Vickers - Second Mr. Rod Buenconsejo. Motion approved unanimously. Summary Adjudication for 1st Hearings: Case(s): 006495-2019; 004128-2019; 004240- 2019; 004725-2019; 005516-2019; 005560-2019; 005637-2019; 005758-2019; 005763-2019; 006279-2019; 008141-2019; 008790-2019. 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. Barry Perl, seconded by Mr. Rod Buenconsejo Vote: Motion unanimously approved 3 Yes: Chairman Patrick Huber, Mr. Robert Vickers, Mr. Rod Buenconsejo, Mr. Barry Perl, Ms. Stephanie Pavolini, Ms. Darci Cohen, Ms. Gladys Coia. 4) PENALTY HEARING - ENFORCEMENT ORDERS 4.A Enforcement Orders Enforcement Orders 9-5-2019.pdf Summary Adjudication for Penalty Hearings: Case #’s: 005432-2019. 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. Motion made by Rod Buenconsejo, seconded by Ms. Darci Cohen Vote: Motion approved unanimously Yes: Chairman Patrick Huber, Mr. Robert Vickers, Mr. Rod Buenconsejo, Mr. Barry Perl, Ms. Stephanie Pavolini, Ms. Darci Cohen, Ms. Gladys Coia. 5) REQUEST FOR RELIEF 1. HB Growth Properties LLLP 278 NE 103 Street Miami Shores, FL 33138 Cases: 10-09-6468, 6-16-15413, 6-16-15414, 6-16-15415, 8-07-2538, 9-08-4747, 6-16-15416. Attorney C.Z. Kalchman was present and testified. The Board asked questions. The final amount offered to satisfy the liens is $34,136.62. Motion to accept the offer of $34,136.62 payable in 30 days made by Chairman Patrick Huber, seconded by Ms. Gladys Coia and the Motion was approved 4-3. Yes: Ms. Stephanie Pavolini, Ms. Darci Cohen, Ms. Gladys Coia, Chairman Patrick Huber. No: Mr. Robert Vickers, Mr. Rod Buenconsejo, Mr. Barry Perl. 2. Miami Shores Service Station, LLC 8700 Biscayne Blvd. Miami Shores, FL Cases: 5-18-17822, 5-18-17827, 5-18-17828, 5-18-17829, 11-10-7935 Mr. Ignacio Urbieta, in house council for Miami Shores Service Station, LLC was present and testified. The Board asked questions. The final amount offered to satisfy the liens is $7,500.00. Motion to accept $7,500.00 payable in 30 days made by Mr. Robert Vickers, seconded by Mr. Barry Perl. The Motion approved unanimously. 4 3. Mr. Jonas George 102 NW 109 Street Miami Shores, FL 33168 Case: 3-15-13806 Mr. Jonas George was present and testified. The Board asked questions. The final amount offered to satisfy the lien is $300.00. Motion to accept $300.00 payable in 30 days made by Mr. Rod Buenconsejo, Seconded by Mr. Robert Vickers and the Motion was approved unanimously. 4. Ms. Marta Cecilia Rodriguez 1361 NE 103 Street Miami Shores, FL Cases: 1-07-1507, 12-11-9391 Ms. Marta Cecilia Rodriguez was present and testified. The Board asked questions. The final amount offered to satisfy the liens is $5,000.00. Motion to approve the offer of $5,000.00 payable in 30 days made by Mr. Rod Buencosejo, seconded by Ms. Gladys Coia and the Motion was approved 6-1. Yes: Chairman Patrick Huber, Mr. Robert Vickers, Ms. Stephanie Pavolini, Ms. Darci Cohen, Mr. Rod Buenconsejo, Ms. Gladys Coia. No: Mr. Barry Perl. 5. Global Capital Group of South Florida 833 NE 96 Street Miami Shores, FL Cases: 11-11-9176, 2-16-14854, 10-17-16931 Mr. Javier Garcia, Managing Member was present and wished to testify. The Board asked questions. The final amount offered to satisfy the liens is $8,000.00. Motion to approve the offer of $8,000.00 payable in 90 days made by Ms. Gladys Coia, seconded by Mr. Rod Buenconsejo and the Motion was approved 6-1. Yes: Chairman Patrick Huber, Mr. Robert Vickers, Ms. Stephanie Pavolini, Ms. Darci Cohen, Mr. Rod Buenconsejo, Ms. Gladys Coia. No: Mr. Barry Perl. 6. Shirley & Carol Sue Stobs TR 580 NE 92 Street Miami Shores, FL 33138 Cases: 10-17-17037, 10-17-17038 Mr. Robert Stobs was present and testified. The Board asked questions. The final offered to satisfy the liens is $400.00. Motion to accept the offer of $400.00 payable in 30 days made by Mr. Robert Vickers, seconded by Mr. Barry Perl and the vote was unanimous in favor of the Motion. 6) MINUTES 5 Motion to approve the Minutes of August 1, 2019 made by Ms. Stephanie Pavolini, seconded by Ms. Gladys Coia and the vote was unanimous in favor of the Motion. Approval of the 2019-2020 calendars by consensus of the Board took place. 6.A Meeting Minutes for August 1, 2019 Code Enforcement Board Meeting Minutes - August 1, 2019.pdf 7) DISCUSSION Discussion about what transpired at the First Hearing took place at this time by the Board and Richard Sarafan, Village Attorney. 8) ADJOURNMENT Motion to Adjourn made by Mr. Barry Perl, seconded by Mr. Rod Buenconsejo and the vote was unanimous in favor of the Motion.