Code Enforcement Board - Regular Meeting

to this evening's Code Enforcement Board hearing. This board is empowered to hear evidence in order to reach findings of fact and conclusions of law for the purpose of resolving cases that come before it. Oh, we didn't swear a minute, but we can do that after this. I'll finish that and then we'll do this for you. A finding of violation in any case before us may lead to costs being assessed and a daily fine being levied for violations of the village

All right. At this point, Madam Clerk, would you call roll?

Here. Please do the attendance for the remainder of the members.

Board Member Hahn and Board Member Buenconcejo have excused absences. At this point, noticing that Jesse Congiano has not attended this meeting again, pursuant to Miami Shores Code Section 2-77, if any member fails to attend two of three successive meetings without cause or prior approval of the chair, the Code Enforcement Board shall Yes The next item on the agenda we have is case 0126-2. We have an incorrect summary adjudication, and I move to vacate the adjudication. Do I have a second?

Okay. Any further discussion? Madam Clerk, would you call roll?

Yes. All right. Thank you very much. Madam Clerk, is anyone present for first hearing?

All right. At this time, the chair observes that there have been no appearance by anyone on behalf of the alleged violators. Oh, I don't have a... No appearance by anyone on behalf of the alleged violator in connection with case numbers 0526187, 0526215, 0426142, 0626219. Mr. Director, the files on these matters contain affidavits attesting to the existence of the code violations alleged and demonstrating proper notice to the alleged violators of tonight's hearing.

Chair. At this time, I will entertain a motion for summary adjudication.

Great. Also on tonight's agenda is a matter of status request for orders imposing previously adjudicated fines as a penalty for lack of timely compliance with the board's prior orders. I will now call the penalty cases on the agenda. Well, Madam Clerk, is anyone present? No. Okay, perfect. So we have case 0126. Mr. Director, the files on all these penalty cases contain an appropriate affidavit demonstrating in each case the violations referenced in your request continue to exist subsequent to the date on which they were to have been corrected. In accordance with previous orders of this board a

All right. So we are here for case 1023382, advertising rent and property as a short-term rental. The fine amount is $93,125. The amount proposed is $3,000. Please explain why we should accept your offer.

All right. And did you receive the notice? I did not receive the notice.

Yeah, but it would have been mailed as well to the to the address on the title.

OK. Is the property for sale or for rent or refinance?

Okay. And you plan on living there? Yes. Or are you currently living there?

Okay. Do we have any other questions or comments from the board?

Any other questions or comments? Hearing none. All right. So we have a fine amount of $93,125. The amount proposed is $3,000. Is that your best and final offer?

We can't adjust the amount for you, and we can only vote on one amount. If not, it'll be the next month. Let's move forward with $3,000. Okay, and how long would you need to pay? Today. 30 days? Yeah, you can't pay today.

All right, 30 days. All right, so the offer is $3,000 payable in 30 days. Do I have a motion?

All right, do I have a second? I'll second it. Madam Clerk, would you call roll? You should – are you handing out the letters today or still not? Okay, so the estoppel letter and all that won't be ready until the end of next week, especially considering they're off tomorrow. So definitely – right? Is that what we're saying? A week. Yeah, perfect. No earlier than Friday next week. Cool. Don't call them. Don't show up.

Perfect. All right. Thank you very much. All right, if you would approach and state your name and address for the record.

Okay, thank you. We're here for case 02-2647, prohibited real estate sign, fine amount $2,300, case 02-2647. for a grand total of $100,325. The amount proposed is $1,100. Please explain why we should accept your offer. Yeah, if you have evidence you want to hand out. It's okay. We'll make it. We'll make it. I will read this aloud.

All right. Is the house currently for sale? It is for sale. What's the listed amount?

How come you didn't talk to code enforcement?

So did you receive the notice of violation?

OK. Mike, do you have where the address was served for this?

Okay, so that's where your LLC receives mail? Yes. Okay. Okay.

Mike, we gave him a partial release on the lien.

Yeah. And he still didn't... You released it prior to the cleaning? Because the date is prior to the cleaning. Yeah, so... And then he still didn't come back and tell you that it was clean. I'm sure you... Did you instruct him that he had to inform you?

Yeah. But at the time he came for the... I can't remember that conversation. Okay. Okay.

Yeah, I mean, and typically we're willing, you know, because you have a receipt, so we're willing to, you know, I mean, typically we're willing to exceed that happened at that date, right? So the number would be different. It wouldn't be 98,000. It would be, looks like about a third of that amount. The difficulty there is, though, you already knew about the lien. You approached code enforcement about the lien to get the partial release. They let you do the partial release before the cleaning, and then you still didn't come back and inform them that it was clean.

All right. And Mike, I have one more question because it All right, do we have any other discussion?

Yeah, the dates are wrong. If it had been February 26, they would have given them a March compliance, so it would have just been the two and a half.

That doesn't help your case. The thing is, the reason why we require people to clean and even under construction by the yard and things like that is nobody wants to live next to the construction pigsty or the house that's in disrepair. It's a flaw of mine.

Well, all right. We'll get to that in a moment. Do we have any other discussion? Hearing none, okay. Let me turn back on my mic. Hearing none, we have an estimated fine amount of, let's call it $23,000. The amount proposed is $1,100. Is that your best and final offer?

30 days? All right. We have an offer of $9,800 payable in 30 days. Do I have a motion?

Yes. All right. Thank you very much. I don't know if you heard earlier, but the earliest you can get the ASAPA letter will be Friday of next week.

Okay. Perfect. Thank you. All right. Madam Clerk, do we have anyone else?

All right, so we are here for 155 Northwest 97th Street. The amount proposed is $100. Sir, if you would explain why

All right. Is the house currently for sale? No, it is not. Refinanced? No. Okay. She resides in the property? Yes, she does. Okay. Do we have any other questions or comments from the board? Who's the insurance company now?

All right. Do we have any other discussion? All right. Hearing none, we have no further discussion. We have a fine amount of $108,390. The amount proposed is $1,000? $1,000. All right. And that's your best and final offer? Yes, it is. Okay. And how long would you need to pay? Within 30 days. 30 days. Perfect. We have an offer of $1,000 payable in 30 days. Do I have a motion?

Okay. All right. Madam Clerk, would you call roll?