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2024-06-6 Meeting Minutes171 1W11 IN, II *000hilowe f�atl--S, k&e (01 MEETING MINUTES JUNE 6, 2024 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting was called to order at 6:00 PM by Chairperson Huber. Introductory Statement: Village Attorney Judeland Jeune, provided introductory remarks and administered the oath of the residents present. 2) ROLL CALL Present: Chairperson Patrick Huber Boardmember Robert Vickers Boardmember Ryan Russell Boardmember Darci Cohen Boardmember Barry Perl Boardmember Jeff Hawn Also Present: Neighborhood Services Director Mike Orta Code Inspector Everett Coll Village Attorney Judeland Jeune Village Clerk Ysabely Rodriguez Chairperson Huber provided opening statements. 3) FIRST HEARING — NOTICES OF VIOLATIONS 3.A NOTICES OF VIOLATIONS Chairperson Huber asked if there was anyone present for this case. Michael Owens was present and testified for case no. 0524308907. Code Inspector Coll, stepped to the podium to provide information on the violation and to provide the police report for the Board's review. The code violation was a repeated offense. The maximum penalty was sought. Staff's recommendation was a total fine of $11,000 plus an administration fee of $50. Michael Owens stepped to the podium to speak. He did not agree with the violation and gave his explanation of the event, in which the home health aide left the door ajar, and the dog ran outside. Mr. Owens stated that the child fell as he ran away, but Mr. Owens was not present for the event. Mr. Owens stated that the dog was a trained service animal, and the dog did not attack the child. Boardmembers Hawn noted this was the second time the dog charged at the neighbors. Boardmember Perl noted this was the second instance of the dog escaping. Although he felt the imposed fine was somewhat excessive, Boardmember Perl acknowledged that a fine was necessary. Boardmember Cohen concurred measures should be taken to avoid further incidents with the dog given it is a repeat violation. Boardmember Vickers asked about the number and ages of the children in the household. Mr. Owens responded that there were five children aged between 4 and 11. Boardmember Perl moved to affirm that a violation of leash control under Section 525 had occurred, and because this was a second offense deemed irreversible and irreparable, proposed a one-time fine of $1,500 including a repeat offense ($1,000 for the irreversible and irreparable status and $500 for the second offense) plus an administrative fee. Boardmember Hawn seconded the motion, which passed with a 6-0 roll call vote. Boardmember Vickers raised concerns about future actions and what would happen next time. Chairperson Huber responded that he considered $1,500 to be a significant amount and stated that the matter would be handled by the Miami Shores Police Department. Discussion further ensued regarding the case. Boardmember Perl then moved to assert that there was no violation of code section 526, with Boardmember Hawn seconding the motion, which also carried a 6-0 roll call vote. Chairperson Huber reported that there were no representatives present for the alleged violators in connection with case numbers 0424183, 0424188, 0424190, 0424203, 0424160, 02424167, 0524248, or 1023357. And there being no representatives, a motion was made. Neighborhood Services Director, Mike Orta who testified that Affidavits of Non -Compliance and evidence of violation exist 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 such case, the offending party shall correct the violation within the time period specified by Staff in the staff recommendations for these hearings 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 the Staff's recommendations for tonight's hearing, retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. 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. A motion was moved by Boardmember Cohen and seconded by Boardmember Perl. The motion 1► was passed with a 6-0 vote. Chairperson Huber asked if there was anyone present for second hearing. Village Clerk Rodriguez reported that no one was present for a second hearing. 4) PENALTY HEARING — ENFORCEMENT ORDERS 4.A ENFORCEMENT ORDERS Neighborhood Services Director Orta confirmed that cases 01246, 1123394, 13542022, 0323128, and 1023371 have continued with appropriate affidavits and that, to date, no one has contacted the board to state that the violations were corrected. Boardmember Cohen moved that in each case currently remaining on the penalty docket, each respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed by prior order of the Board, and upon recording the Board's order will constitute a lien on the property violator. The motion was seconded by Boardmember Perl, which carried with a 6-0 roll call vote. 5) REQUEST FOR RELIEF 5.A 1044 NE 94T" ST RONALD & CONNIE MARROCCO CODE-1825-2020 Ronnie and Connie Marrocco were present and testified. Chairperson Huber stated that the violation was for unauthorized construction and expired permits and the fine amount was $16,500. The proposed amount was $500. Connie Marracoo reported that they received the violation and immediately began working with their neighborhood and the code compliance officer. They paid a $782 permit correction fee and another initial fee. They were told by the code compliance officer that it would be fine and were surprised to get the notice of the lien on the property. Chairperson Huber stated that once the fines began, they will continued to accrue. Neighborhood Services Director Orta noted that a lien warning was sent out. Chairperson Huber asked about the resolution with the neighbor. Connie Marrocco reported that the fence was on the neighbor's property, and the permit was redone to be under his name. She stated that they had updated the fencing and only had an issue with that portion because of the neighbor's complaint. Ronnie Marrocco stated that they always maintained the fence. Boardmember Perl asked why the neighbor was not being cited since the fence was on their property. Chairperson Huber stated that it was originally the Marrocco's who pulled the permit. Neighborhood Services Director Orta added that they maintained a pristine home. After hearing the testimony from Mr. Marrocco, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Marrocco if that was his best and final offer. Boardmember Vickers moved to accept the offer of $500 if paid within 30 days, and was seconded by Boardmember Perl, the motion carried with a 6-0 roll call vote. 3 5. B 1545 NE 104T" ST 1545 MIAMI SHORES LLC HENRY DOW CODE-5-14-12628 Henry Dow was present and testified. He stated his name and address for the record. Chairperson Huber reported that the violation was landscaping deteriorating for a fine amount of $117,150. The amount proposed was $7,500. Henry Dow explained that he bought the house with the intention for his parents to move in, and it was difficult to take care of. He reported that he bought it two to three months ago. Chairperson Huber asked if he was aware the lien was on the property when he bought it. Henry Dow reported that he did. Chairperson Huber asked what the state of the property was. Henry Dow stated that they were still in the planning process and that construction would not begin for another four to five months. He stated he cleaned up the property as soon as he bought it. A complete renovation was being done. Boardmember Hawn asked what the accrual time for the fine was. Chairperson Huber reported that it had been since 2014. Neighborhood Services Director Orta reported that there had been two violations originally, and one for storm drainage was removed after further review and the determination that it was not the homeowner's issue. Boardmember Hawn asked about the scope of work. Henry Dow reported it would cost approximately $500,000 for the renovations. Henry Dow stated he would need 30 days to pay. After hearing the testimony from Mr. Dow, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Dow if that was his best and final offer. Boardmember Perl moved to accept the offer of $7,500 if paid within 30 days and that the lien on the property be released, and with a second from Boardmember Hawn, the motion carried with a 4-2 roll call vote, with Boardmembers Vickers and Cohen in opposition. 5.0 8743 NE 4T" AVE RD MARIA FERNANDA MORENO CODE-652-2021 Maria Fernanda Moreno was present and testified. She stated her name and address for the record. Chairperson Huber stated that the violation was renting a property with no occupational license. The fine amount was $37,200, and the amount proposed was $350. Maria Fernanda Moreno explained that she was unaware that the violation existed, and the tenant had not advised her of the situation. She stated she never received the notifications, and she followed the rules of her condo that allowed for renting. Neighborhood Services Director Orta explained that the confusion was within the interpretation of single- family homes and commercial homes. Since it was a townhome, it was considered multi -family. He explained that landlords fell into the problem that tenants did not provide the notifications to the owner. Chairperson Huber asked how long Maria Fernanda Morena had been renting the property. Maria Fernanda Morena reported that she had been renting it since approximately December 2021. After hearing the testimony from Ms. Moreno, the Board asked pertinent questions, followed by Chairperson Huber asking Ms. Moreno if that was her best and final offer. F Maria Fernanda Morena stated that she could pay within 30 days. Boardmember Russell moved to accept the offer of $350 if paid within 30 days, and there was a second from Boardmember Hawn. Boardmember Perl posed a friendly amendment to the motion for a payment of $600. Discussion ensued regarding the proposed friendly amendment which was accepted by Boardmember Russell. The amended motion carried with a 5-1 roll call vote, with Boardmember Vickers in opposition. 5.D 1420 NE 102 STREET ZACHARY LAWRENCE CODE-1020-2022 Zachary Lawrence was present and testified. He stated his name and address for the record. Chairperson Huber stated that the violation was for unauthorized construction and expired permits, and the fine amount was $23,450. The amount proposed was $2,500. Zachary Lawrence explained that the construction took longer than anticipated, and everything was in compliance. Neighborhood Services Director Orta clarified that it was work without permits. Boardmember Hawn asked if a permit was ever pulled. Zachary Lawrence confirmed that there was a permit pulled. Boardmember Cohen asked why he was in attendance at the meeting and was applying for relief. Zachary Lawrence stated that everything was finalized in the last few weeks and the home was listed for sale. After hearing the testimony from Mr. Lawrence, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Lawrence if that was his best and final offer. Motion to accept the offer of $2,500 if paid within 30 days by Boardmember Russell, seconded by Boardmember Hawn. The motion carried a 5-1 roll call vote, with Chairperson Huber in opposition. 5.E 45 NW 103 STREET CRIS FLIP INVEST CORP AARON MUSSALI CODE-11-23-442 Aaron Mussali was present and testified. He stated his name and reported that he lived in Mexico City, for the record. Chairperson Huber stated that the violation was for unauthorized construction and expired permits, and the fine amount was $3,450. The amount proposed was $345. Aaron Mussali reported that they were only aware of the issues with the sidewalk and immediately corrected them to be in compliance. Everett Coll clarified that there was a typographical error on the sheet, and the violation was for a dirty sidewalk, unsightly exterior, and dirty roof. Aaron Mussali reported that they made sure they complied immediately after receiving the notice. Chairperson Huber asked if the house was rented out and if there was someone maintaining the house. Aaron Mussali reported that he planned to live in it with his family and that there were people to maintain the house. Boardmember Vickers asked how he determined the proposed amount. Aaron Mussali stated that he felt that 10% was fair. Boardmember Cohen asked if no one was present when the notices were posted. Aaron Mussali reported that he saw the notices when he returned to the house. 6 Boardmember Perl asked how often he visited the property. Aaron Mussali stated he tried to come every five to six weeks. Pictures were presented to the Boardmembers. After hearing the testimony from Mr. Mussali, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Mussali if that was his best and final offer. Boardmember Hawn moved to accept the offer of $345 and administrative fees to close the case if paid within 30 days, and with a second from Boardmember Russell, the motion failed with a 3-3 roll call vote, with Boardmembers Vickers, Perl, and Cohen voting in opposition. Chairperson Huber recommended reapplying for the August meeting and stated the fine would not continue to grow. 5.F 553 NW 113 STREET PAUL & MARIE JOSEPH CODE-3-10-6882 CODE-3-10-6883 CODE-6-09-5863 Amos Castor and Marie Joseph were present and testified. He stated his name and address for the record. Chairperson Huber reported that the violations were unauthorized storage and unsightliness for $69,500, another violation of unauthorized storage and unsightliness for $52,200, and storage of inoperable motor vehicles, inoperable motors, and property, auto salvage repair business prohibited for $111,800. The total fine amount was $233,550. The amount proposed was $7,000. Amos Castor explained that Paul and Marie Joseph did not speak English and were unaware of the violations. He stated that once they understood the problem, they resolved the problems. He stated that they did not know that they needed to provide any updates. The homeowners listed the property for sale, and the only offer was for $500,000. The homeowners were 77 and 76. Amos Castor also noticed that the husband recently had a stroke, and they could not pay any more than what was offered. Chairperson Huber asked how much was left on the mortgage. Amos Castor stated it was approximately $40,000. Boardmember Cohen recused herself due to her previous role as Assistant Village Attorney to the Code Enforcement Board. The recusal form has been attached hereto as Exhibit A. Boardmember Russell noted that all of the violations came into compliance in July of 2013 and asked who was in charge of the property. Neighborhood Services Director Orta stated it was Lazaro Remond. After hearing the testimony from Ms. Joseph, the Board asked pertinent questions, followed by Chairperson Huber asking Ms. Joseph if that was her best and final offer. Amos Castor, translating for Marie Joseph, changed the offer to $10,000 to be paid within 30 days. Boardmember Hawn moved to accept the offer of $10,000 plus administrative fees if paid within 30 days, and with a second from Boardmember Vickers, the motion passed with a 4-1 roll call vote, with Boardmember Russell in opposition and Boardmember Cohen recused herself. R 5.G 130 NW 102 ST ROSE BELIZAIRE EST OF LINDA DUREMY CODE-4-16-15119 CODE-4-16-15120 Marco Belizaire, was present and testified on behalf of Rose Belizaire. He stated his name and address for the record. Chairperson Huber reported that the violation was unlawful loose materials for a fine amount of $136,950 and failure to maintain the parkway for a fine amount of $135,200 for a total of $272,150. The proposed amount was $27,000. Marco Belizaire explained that the house was for sale, and his mom owned the house. His mom had cancer and was in and out of the hospital and could not do anything about the issues. He reported he had no knowledge of the issues. The offer on the house was $620,000, and the value of the reversed mortgage was between $400,000 and $450,000. Boardmember Hawn asked if someone was living in the house. Marco Belizaire reported that he believed someone was in the house. Neighborhood Services Director Orta shared that the property was in great shape at the moment. Boardmember Cohen commented that she was unsure of people being told that offers would be accepted at 10%. After hearing the testimony from Mr. Belizaire, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Belizaire if that was his best and final offer. Marco Belizaire adjusted his offer to $15,000, to be paid within 30 days. Boardmember Vickers moved to accept the offer of $15,000 if paid within 30 days, and with a second from Chairperson Huber, the motion failed with a 3-3 roll call vote, with Boardmembers Cohen, Hawn, and Russell in opposition. This item was added at the meeting. 70 NE 94t" St RICHARD AND GEORGINA CATLINE CASE 0523219 Attorney Marci Lowman was present and testified on behalf of Richard and Georgina Catline, who own 70 NE 94t" ST. Chairperson Huber reported that the case number was 0523219. Neighborhood Services Director Orta reported that the violations were unsightly house exterior, renting of a single-family dwelling without BTR (Business Tax Receipt), failure to maintain the sidewalk, and recycles in the collection. It was a complaint -generated case, and the container was left out. Chairperson Huber reported that the violation was $47,600, and the amount proposed was $1,000. Marci Lowman asked about the fine accrual period, noting that they were in compliance as of September, but the fines continued to accrue. Chairperson Huber noted that the date to comply by was the September date. Neighborhood Services Director Orta explained that before he generated the notice, he visited the property but the tenant in the house did not want to speak. Attorney Marci Lowan stated that the tenant did not forward the notices to the owners of the property, who were out of the country. The owners immediately resolved the case once they were aware of the case. Chairperson Huber asked what the monthly rent was. Marci Lowman reported it was $8,850. Chairperson Huber asked if they were looking to sell. Marci Lowman stated they were either looking to sell or to re -list it for renting. N Boardmember Vickers asked if the property was being claimed as a homestead. Marci Lowman stated she did not think so, and she would also tell them not to. Boardmember Vickers commented that the fine was too light. After hearing the testimony from Ms. Lowman, the Board asked pertinent questions, followed by Chairperson Huber asking Ms. Lowman if that was her best and final offer. Marci Lowman offered $2,000 and stated it would be paid in 30 days. Chairperson Huber moved to accept the offer of $2,000 if paid within 30 days, the motion failed due to lack of no second. 6) MINUTES 6.A APPROVAL OF THE APRIL 4, 2024 CODE ENFORCEMENT BOARD MINUTES 6.13 APPROVAL OF THE MAY 2, 2024 CODE ENFORCEMENT BOARD MINUTES Boardmember Cohen moved to vote to approve the meeting minutes for August, with a second from Boardmember Hawn, the motion passed with a 6-0 voice call vote. 7) DISCUSSION The Boardmembers discussed the trend of incoming offers set at 10%. Boardmember Vickers emphasized that Village employees should refrain from offering guidance, noting that each case is unique. Boardmember Cohen agreed with him. Chairperson Huber warned Village employees against recommending the 10% offer, mentioning that this situation had arisen before. Chairperson Huber requested that Neighborhood Services and staff remind other Village personnel to avoid suggesting specific amounts. They reiterated that each case is different, with Chairperson Huber commenting that he could make that point at every meeting. Boardmember Vickers proposed that pictures be shown only for enforcement violations. Chairperson Huber suggested that staff should have all relevant pictures readily available. Boardmember Cohen recommended setting a time limit for each request for relief, but Chairperson Huber pointed out that this was not feasible due to past issues. The Board also discussed the importance of communicating with individuals who come to request relief hearings to better understand the circumstances surrounding those requests. Additionally, it was noted that staff is still deliberating on the possibility of increasing administrative fees 8) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:13 PM. :,