Loading...
2021-11-4 CEB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT BOARD MEETING MINUTES DATE: November 4, 2021 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting was called to order by Chairman Huber at 6:00 PM Swearing in the Witnesses by the Village Attorney Richard Sarafan: "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." 2) ROLL CALL Present: Mr. McGuire Mr. Buenconsejo Mr. Perl Ms. Coia Chairman Huber Excused Absent: Ms. Cohen Mr. Vickers Also present: Richard Sarafan, Village Attorney Lazaro Remond, Code Compliance Director Mike Orta, Code Compliance Officer Mariana Gracia, Code Enforcement Board Secretary 3) FIRST HEARING - NOTICES OF VIOLATION 1. Code-000666-2021 LNDMRK WAGS LLC 9020 Biscayne Blvd. Staff presented the cases and gave description of the violations needing to be corrected. Mr. Rosario on behalf of the violator agreed that the violations exist. Officer Orta testified about the violations and explained that they needed permits to do the work. Officer Orta recommends 60 days to comply. The Board asked questions. The Board recommends 6 months to have everything done. Motion to allow 6 months to comply if not complied in this time a fine in the amount of $150.00 a day shall be assessed. Motion made by Ms. Coia, seconded by Mr. Buenconsejo and the Motion was approved 5-0. 2. Code-000670-2021 LNDMRK WAGS LLC 9020 Biscayne Blvd. Staff presented the cases and gave description of the violations needing to be corrected. Mr. Rosario on behalf of the violator agreed that the violations exist. Officer Orta testified about the violations and explained that they needed permits to do the work. The Board asked questions. The Board recommends 6 months to have everything done. Motion to allow 6 months to comply if not complied in this time a fine in the amount of $150.00 a day shall be assessed. Motion made by Ms. Coia, seconded by Mr. Buenconsejo and the Motion was approved 5-0. 3. Code-000644-2021 Carpio, Yolepsis 333 NE 103 Street Lazaro Remond gave a brief testimony of the violation and read into the record the police report as stated. The violation is for Short Term Rental without a permit on file. Ms. Carpio testified that she just rented for three moths. She is in agreement that there the violation exists. The Board asked questions. Ms. Carpio's testimony conflicted on the amount of days that the house was rented. Motion for finding of facts in conclusion of law that a violation exists a fine in the amount of 250.00 is assessed, Motion made by McGuire, seconded by Mr. Buenconsejo and the Motion was approved 5-0. 4. Code-000678-2021 Carpio, Yolepsis 333 NE 103 Street Lazaro Remond gave a brief testimony of this second violation and read into the record the police report as stated. The violation is for Short Term Rental without a permit on file. Staff is recommending for a repeat offense to be adjudicated. Ms. Carpio testified that she just rented for three moths. She is in agreement that the violation exists. The Board asked questions. The Legal Department was not in agreement with Staff s recommendations. Ms. Carpio's testimony conflicted on the amount of days that the house was rented. Motion for finding of facts in conclusion of law that a violation exists a 250.00 fine is assessed, Motionby Mr. Perl, seconded by Mr. McGuire and the Motion was approved 5-0. 5. Code-000597-2021 John Militana 8965 Biscayne Blvd. Staff presented the case and recommended 6 months to comply. Mr. Henry Angulo (Tenant) was present on behalf of the owner. He stood for questions. The Board asked questions. Motion for the violation to be cured in 6 months by Mr. Perl, Seconded by Mr. Buenconsejo and the Motion was approved 5-0. Summary Adjudication for 1st Hearings: Case(s): 000599-2021; 000600-2021; 000659-2021; 000667-2021; 0006-76-2021; 000691-2021; 000639-2021; 000648-2021; 000649-2021; 000650- 2021; 000652-2021; 000656-2021. 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 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 Staffs 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. Coia, seconded by Mr. Buenconsejo Vote: Motion was approved 5-0 3 3.A Notices of Violation - November 4, 2021 2021-11-4 - Notice of Violation.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 000526-2021. 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. Buenconsejo, seconded by Mr. Perl Motion was approved 5-0. 4.A Enforcement Orders - November 4, 2021 2021-11-4- Enforcement Orders.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief Setasi1379 NE 104 St LLC c/o Guy Gurlandski MGR 1124 Kane Concourse Bay Harbor Islands, FL 33154 For 1379 NE 104 Street, Miami Shores Mr. Gurlandski was present and testified. The Board asked questions. The final amount offered is $250.00 payable in 30 Days. Motion to approve the amount of $250.00 payable in 30 days made by Mr. Pert, seconded by Mr. Buenconsejo and the Motion was approved 5-0. 1379 NE 104 Street.pdf 5.13 Request for Relief Carrington Mortgage Services, LLC c/o Kahane & Associates, P.A. 8201 Peters Road Plantation, FL 33324 For 29 NE 96 Street, Miami Shores 4 The Attorney for Carrington Mortgage was present and gave a short presentation. The Board asked questions. The final amount offered is $31,821.00 payable in 30 Days. Motion to approve the amount of $31,821.00 payable in 30 days by Mr. Buenconsejo, seconded by Mr. McGuire and the Motion was approved 3-2 with Mr. Perl and Ms. Coia voting against the Motion. 29 NE 96 Street.pdf 5.0 Request for Relief Camilo Pulley/Marilyn Hawkins 749 Grand Concourse Miami Shores, FL 33138 Ms. Marilyn Hawkins was present and testified that her offer of $2,500.00 is all she can afford. The Board asked questions. The final offer of $2,500.00 was declined by the Board. The Board recommended the amount of $36,055.00 payable in 180 days. Motion to approve the amount of $36,055.00 payable in 180 days made by Mr. Per), seconded by Mr. Buenconsejo and the Motion was approved 4-1 with Chairman Huber voting against the Motion. 749 Grand Concourse.pdf 5.1) Request for Relief US Bank Trust, NA, as Trustee for LSF9 Master Participation c/o Hudson Homes Mgt, LLC 2711 N. Haskell Avenue, Suite 2100 Dallas, TX 75204 For 501 NE 105 Street The Attorney representing US Bank Trust was present and proceeded with his presentation. The Board asked questions. The final amount offered is $7,500.00 payable in 30 Days. Motion to approve the amount of $7,500.00 payable in 30 days by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 5-0. 501 NE 105 Street.pdf 6) MINUTES Motion to approve the Minutes for October 7, 2021 made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was approved 5-0. 6.A Approval of the CEB Minutes for October 7, 2021 2021-10-7 Code Board Minutes.pdf 7) DISCUSSION - Mr. Sarafan spoke to the Board about Request for Relief and recommends for Staff to see if there is a violation at the time of the request. Staff will consult with management and get back with the Board reference this request. The Board likes the idea. 8) ADJOURNMENT Motion to adjourn by Ms. Coia, seconded by Mr. Perl and the Motion was approved 5-0.