2023-12-12 Meeting Minutes*000h
�/Cr G r�04e4 e
ge �
CODE ENFORCEMENT BOARD MEETING MINUTES
DECEMBER 2, 2023 6:00 PM COUNCIL CHAMBERS
1) CALL TO ORDER
Mr. Patrick Huber called the meeting to order at 6:00 pm
2) ROLL CALL
Present:
Chair Person Patrick Huber
Board member Robert Vickers
Board member Jeff Hawn
Board member Barry Perl
Board member Ryan Russell
Absent:
Board member Darci Cohen
Board member Paul Gromadzki
Also Present:
Jose Arango, Attorney for the Code Board
Mike Orta, Neighborhood Services Manager
Everett Coll, Neighborhood Services Officer
Vivienne Yao, Clerk
Introductory Statement: Attorney Jose Arango, provided introductory remarks and administered
oath to the residents present. (microphone was off)
3) FIRST HEARING — NOTICES OF VIOLATION — NONE PRESENT
Summary Adjudication for first Hearings: Case(s) 10-23-385; 10-23-387; 3-23-112; 03-23-127;
06-23-249; 08-23-294; 10-23-356; 10-23-376; 11-23-407
The Chair asked if there was anyone present for any of these cases, there being none, a motion was
made. Officer, Mike Orta, 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 each 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 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 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 by Board member Perl, Seconded by Board member Hawn. Motion was approved 5-0
3.1. Summary Adjudication for irrevocable / irreparable - Cases 10-23-358; 11-23-393
Motion "I move for a finding of fact and a conclusion of law regarding cases 10-23-358 which is also
9007 NE 4 Ave Road and case 11-23-393 at 580 NE 106 St that there is a violation and it is irreparable
and irrevocable."
Moved by Board member Perl, Seconded by Board member Vickers. Motion was
approved 5-0
3.J. Summary Adjudication for irrevocable / irreparable - Case 10-23-382
Motion for code section 12-266, 267 and 268, 269, 270 as irrevocable / irreparable and for code
section 10-5 and 12-82 the standard staff's recommendation.
Moved by Board member Vickers, Seconded by Board member Perl. Motion was
approved 5-0
The Chair confirmed with Officer Orta that the case file contain appropriate affidavits attesting to the
existence of these violations.
4) PENALTY HEARING — ENFORCEMENT ORDERS — NONE PRESENT
Summary Adjudication for first Hearings: Case(s): 08-23-303; 08-23-306; 08-23-316; 10-23-346
The Chair asked if there was anyone present for any of these cases, there being none, a motion was
made. Director, Mike Orta, testified that Affidavits of Non -Compliance and evidence of violation exist
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."
2
Moved by Board member Hawn, Seconded by Board member Perl. Motion was approved 5-0
4.A. CASE(S) 001434-2022 has been continued. All others impose fines.
5) REQUEST FOR RELIEF
CASE(S) 001342-2022, 00794-2021 - 29 NW 105 ST
Mr. Louis Belhoste was present and testified. The chair stated case details, the amount of the fine
and the amount offered by the requestor. Mr. Belhoste provided details as why the property was in
violation and how he brought it into compliance. After hearing testimony from Mr. Belhoste, the Board
asked pertinent questions, followed by the Chair asking Mr. Belhoste if that was the final offer.
Motion to accept the amount of $1,130.00 payable in 30 days by Chairperson Huber, seconded
by Board member Russell. Motion passed 3-2 with Vickers and Perl voted against it.
At this point, Michael Owens of 9007 NE 4 Ave Road appeared for First Hearing — Notice of
Violation, Item 3.1 CODE-10-23-358.
Motion to reopen the case by Board member Perl, seconded by Chairperson Huber. Motion
passed 3-2 with Vickers and Russell voted against it.
Code Sec 5-21, 5-26, 5-25 Officer Everett Coll stated case details. Mr. Owens provided details as to
what happened to receive said violation. After hearing testimony from Mr. Owens and reviewing the
background material (police report and photos of victim), the Board asked pertinent questions,
followed by the Chair asking officer Coll what the violation amount was and what his recommendation
was. Officer Coll recommended $250.00 per violation. It was decided that 5-21 and 5-25 are similar
if not redundant. After further discussion with the Village attorney, Chairperson Huber made a motion
to find Mr. Owens in violation of code section 5-25 only and to accept $250.00, seconded by Board
member Perl. Board member Vickers made a motion to amend the amount to $50.00, countered by
Chairperson Huber to $100.00. A compromise was settled at $75.00 fine.
Motion to accept the amount of $75.00 payable in 30 days by Board member Vickers, seconded
by Board member Perl. Motion passed 5-0 roll call vote. Case to be removed from original
adjudication.
6) CONDITIONAL MITIGATION / REQUEST FOR RELIEF
CASE(S) 000690-2021, 000833-2022 — 138 NE 111 ST
Mr. Leonard Persaud and partner were present and testified. The house was purchased in 2022 with
existing liens and they are requesting a Conditional Mitigation so they can refinance and finish the
house. Details were provided as why the property was in violation and how he is bringing it into
compliance. After hearing testimony, the Board asked pertinent questions to both the attorney and
Mr. Persaud regarding time frames and rules for conditional mitigation.
For 000690-2021, Request for Relief — Fine of $125,300.00. Motion to accept the amount of
$10,000.00 payable in 30 days by Board member Vickers, seconded by Board member Perl.
Motion passed 5-0.
For 000833-2022, Conditional Mitigation - Fine of $30,350.00. Motion to accept conditional
mitigation pending payment of the amount of $5,000.00 within 7 days from the date the order
is executed by the Board, and the property brought into compliance pursuant to the Miami
Shores Village Code of Ordinances, County and the Florida Building Code within 270 days,
with an allowed extension if requested before the Board before 60 days of the agreement
expiration. Motion made by Board member Vickers, seconded by Board member Perl. Motion
passed 5-0.
7) MINUTES
Approval of the November 2, 2023 Code Enforcement Board minutes are deferred until the next
meeting in February. No meetings in January.
8) ADJOURNMENT
There being no further business, a motion made, seconded, and passed unanimously to adjourn
the meeting at 7:26 pm