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2022-05-5 CEB Minutes 1 Mayor 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: May 5, 2022 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 of the Witnesses by the Interim Village Attorney Omar Bradford. 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: Ms. Cohen Ms. Coia Mr. Perl Chairman Huber Excused Absence: Mr. Vickers Mr. McGuire Mr. Buenconsejo 3) FIRST HEARING - NOTICES OF VIOLATION 1. Code-001026-2022 Mexmia LLC 98 NE 103 Street There was no one present on behalf of the violator. Staff presented the case for an irrevocable and irreplaceable violation for Air B & B without permit and recommended 30 days to correct the violation. The Board asked questions. 2 Public Comment Open: 1. Ms. Paula Duke testified that she has lived in Miami Shores over a decade. She has called the police regarding this property to report parties at late nights. There has been an Recreational Vehicle parked at this property for long periods of time. She has a small child and is very bothersome for them. 2. Mr. Reynolds who lives at 69 NW 108 Street has noticed a lot of activity at this property. They are up all night. The property is listed on Air B&B. Suspicious odors noticed. Trash is overflowing. 3. Alina Daniela Acosta - read in a prepared statement into the record. The Air B&B listing was noticed in mid February. Parties go on at 3AM. She does not feel safe with this things happening around 3 to 4 AM in the morning. 4. Denys Leyva - Testified that pool parties go on until 2- 3 AM. This is a 5 bedroom house that probably accommodates up to 15 people. Reports of loud music. This party's happen every week. The Board made comments and thanked the public for their statements. Motion with respect to case 001026-2022 I move for a finding of fact and conclusion of law that a irreparable violation of code section12-266; 12-267; 12-268; 12-269; 12-270 of the Miami Shores Village Code exists, the offending party shall pay the amount of $5,000.00 by Mr. Perl. Motion to Amend by Ms. Cohen to include that if another violation occurs against a related entity or managing member that the Board can immediately enter a fine. Motion to Amend to include that the violator shall correct the violation immediately by Mr. Huber, seconded by Ms. Cohen and the Motion was approved 4-0. 2. Code-001034-2022 Jorge Guinovart 1276 NE 93 Street There was no one present on behalf of the violator. Staff presented the case and informed the Board that the first offense for renting without a permit was given on April 20, 2022. The Board asked questions. Motion to adjudicate for a finding of facts that an irreparable violation of code sections 12-266; 12-267; 12-268; 12-269; 12-270 and a fine of $5,000.00 be levied, Motion by Mr. Perl, seconded by Ms. Coia and the Motion was approved 4-0. 3. Code-001058-2022 Jorge Guinovart 1276 NE 93 Street There was no one present on behalf of the violator. Staff presented the case for a violation of short term rental without a license. Code section 6-4 of this case is complied. Staff recommended a fine of $5,000.00 for repeat offense. Motion to adjudicate for a finding of facts that an irreparable violation of code sections 12-266; 12-267; 12-268 and a fine of $5,000.00 be levied by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 4-0. 3 4. Code-001033-2022 Shane Vince 1640 NE 104 Street There was no one present on behalf of the violator. Staff presented the case and informed the Board that this was the third violation for short term rental without a permit. Staff recommended an irrevocable, irreplaceable violation be adjudicated with a fine of up to $5,000.00. Motion to adjudicate for a finding of facts that an irreparable violation of code sections 12-266; 12-267; 12-268; 12-269; 12-270 and a fine of $5,000.00 be levied for a repeat offense, Motion by Mr. Perl, seconded by Ms. Coia and the Motion was approved 4-0. Summary Adjudication for 1st Hearings: Case(s): 000894-2022; 000923-2022; 000799-2022; 000878- 2022; 000899-2022; 000903-2022; 000909-2022; 000913-2022. 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.” Moved by Mr. Perl, seconded by Ms. Cohen Vote: 4-0. 3.A Notices of Violation May 5, 2022 2022_5-5 Notice of Violation.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS 4.A Enforcement Orders May 5, 2022 2022_5-5 Enforcement Orders.pdf Summary Adjudication for Penalty Hearings: Case #’s: 000275-2021; 000822-2022. The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files. 4 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 Ms. Cohen, seconded by Mr. Perl Motion approved 4-0 5) REQUEST FOR RELIEF 5.A Request for Relief Mariana Santana 739 NE 94 Street Mr. Santana was present on behalf of his wife Mariana. He testified that they did what they needed to do in order to close the cases. The Board asked questions. The final amount offered is $6,000.00 payable in 90 days. Motion to approve the amount of $6,000.00 payable in 90 days by Mr. Perl, seconded by Ms. Coia and the Motion was approved 3-1 with Ms. Cohen voting against the Motion. 739 NE 94 Street.pdf 5.B Request for Relief MN Invest Group (Pavel Bushuev) 1030 NE 105 Street Dan, partner at MN Invest Group was present and testified. The Board asked questions. The final amount was amended to $23,000.00 by Ms. Cohen. Motion to amend the amount of the offer to $23,000.00 payable in 90 days by Ms. Cohen, seconded by Ms. Coia and the Motion was approved 4-0. 1030 NE 105 Street.pdf 5.C Request for Relief Gaston Virkel 573 NE 102 Street Mr. Gaston Virkel was present and testified. The Board asked questions. The final amount offered is $5,000.00 payable in 30 days. Motion to approve the amount of $5,000.00 payable in 30 days by Mr. Perl, seconded by Ms. Coia and the Motion was approved 4-0. 573 NE 102 Street.pdf 5.D Request for Relief Carlos Chamorro 439 NW 111 Terrace 5 Mr. Carlos Chamorro was present and testified. The Board asked questions. The final amount offered is $1,000.00 payable in 30 days. Motion to approve the amount of $1,000.00 payable in 30 days by Mr. Perl, seconded by Ms. Coia and the Motion was approved 4-0. 439 NW 111 Terrace.pdf 5.E Request for Relief Ricardo Estrada 290 NW 92 Street Mr. Ricardo Estrada was present and testified. The Board asked questions. The final amount offered is $1,500.00 payable in 180 days. Motion to approve the amount of $1,500.00 payable in 180 days by Mr. Huber, seconded by Mr. Perl and the Motion was approved 4-0. 290 NW 92 Street.pdf 6) MINUTES Motion to approve the minutes of April 7, 2022 by Ms. Cohen, seconded by Ms. Coia and the Motion was approved 3-1 with Mr. Perl abstaining. 6.A Approval of the Minutes for April 7, 2022 2022_4-7 CEB Minutes.pdf 7) DISCUSSION Attorney Marlon Hill from Weiss, Serota thanked the Board and Mr. Bradford for the opportunity to sit in and observe today's hearing. He is the lead attorney for the Code Enforcement Board. Mr. Huber asked Mr. Hill if Weiss, Serota Law firm could review the Code Enforcement Hearing scripts for any errors they may have. 8) ADJOURNMENT Motion to adjourn by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 4-0.