Code Enforcement Board - Regular Meeting

All right, we will now call this evening's Code Enforcement Board hearing to order. Would you like to start us off?

GOOD EVENING, EVERYONE, AND GOOD EVENING, EVERYONE, AND WELCOME GOOD EVENING, EVERYONE, AND WELCOME TO GOOD EVENING, EVERYONE, AND WELCOME TO TONIGHT'S GOOD EVENING, EVERYONE, AND WELCOME TO TONIGHT'S MIAMI GOOD EVENING, EVERYONE, AND WELCOME TO TONIGHT'S MIAMI SHORES GOOD EVENING, EVERYONE, AND WELCOME TO TONIGHT'S MIAMI SHORES VILLA GOOD EVENING, EVERYONE, AND WELCOME TO TONIGHT'S MIAMI SHORES VILLA CODE TO TONIGHT'S MIAMI SHORES VILLA CODE TO TONIGHT'S MIAMI SHORES VILLA CODE ENFORCEMENT TO TONIGHT'S MIAMI SHORES VILLA CODE ENFORCEMENT HEARING. ENFORCEMENT HEARING. ENFOR All the cases will be prosecuted by village staff, Mr. Mike Orta and Mr. Leopold Luis. Now, some housekeeping matters before starting. Everyone should have checked in with the clerk so that we know that you're here and that your name is on the agenda. And I would also like to ask everyone to silent their phones to remove any interruptions during tonight's hearing. Now, I'll briefly explain what will happen during tonight's hearing so you all understand how the hearings work. There are three different types of hearings that will be heard tonight. First hearing, penalty hearing, and requests for relief. The first hearing is for persons that have been issued a notice of violation, and this is their first time coming on that notice of violation. And the issue that will be addressed is whether there is a violation of the code on the property. The chair will call the case by address. If it is your case, please come up to the podium and speak directly into this microphone So your testimony can be recorded. Now, the chair will inquire whether you agree that there is a violation on your property or should we put on case to adjudicate that fact? If you dispute the charges, the village will then present its case, including any photographs and testimony to the violation. And you have the right to cross-examine the village code enforcement officer. And the board can also question the code enforcement officer on his testimony as well. And finally, it will be your turn to put on your case. As you present your case, the village and the board can cross-examine you on your case. And finally, the board will then adjudicate the case by majority vote and assign a deadline of compliance. The second type of hearing are penalty hearings. These are persons that have already been through the first hearing. They have been given a date to cure the violation and the primary issue to be determined on penalty hearing is whether you meet the deadline and whether the violation is presently cured. If no cure or violation was provided by the deadline, the board can impose liens. If you maintain that you did cure the violation on time or if you would like to request more time, the board may hear your testimony. The last type of hearing is a request for relief, also known as the mitigation process. The request for relief is for persons whose property has already been found in violation and have incurred fines and liens. That individual has cured the violation and now comes before the board seeking to settle with the board by offering a number less than the amount of the full lien. This is not an appeal process, but a settlement negotiation. Because of this, the board will only vote on one proposal per applicant per meeting. And at some point during the hearing, the chair will ask you a final question, and that question is, is this your final offer? What is meant by that is that, is that the offer that you want the board to vote on? You can raise or lower the offer, but once they vote on that number, that is all that the board will consider. Now that concludes my explanation of all three types of hearings that will be heard tonight. And as part of tonight's hearing, everyone seeking to testify must be sworn in. So if you plan to testify at this moment, please raise your right hand. Thank you. Do you solemnly swear or affirm the testimony you give tonight will be the truth, the whole truth, and nothing but the truth? AND JUST FOR SOME HOUSEKEEPING MATTERS FOR THE BOARD AND FOR THE CHAIR, I WAS ADVISED BEFORE THE MEETING STARTED BY CODE ENFORCEMENT, THE CODE ENFORCEMENT OFFICERS THAT THERE ARE INDIVIDUALS IN THE GALLERY THAT ARE PRESENT, HOWEVER, THEIR CASES ARE NOT ON THE AGENDA. PURSUANT TO SECTION 2-79 OF THE VILLAGE CODE, The Code Enforcement Board, through its clerical staff, shall schedule hearings and have written notice of such hearings and shall be hand-delivered or mailed as provided by Section 2-83 to the violator. Because we did not have an opportunity to properly notice the violators of this hearing tonight, but they are present, you do have a couple options at your hand. The board can vote to amend the agenda where we allow for a general public comment section where the individuals present can tell you about their case. However, it's just public comment and you cannot vote or decide on the case at this time. And also, as a practical sense, I don't think the code enforcement officers have the docket for you present. So if there was any additional information that the board would like, it would not be present tonight. So that is one option that you could have just as a transparency and just allowing fellow citizens to speak tonight. But that is for the board's consideration.

All right. Thank you for coming 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. A finding of a violation in any case before us may lead to costs being assessed and a daily fine being levied for violations of the village's code of ordinances. The board is always interested in comments or statements that will help us make a determination in each case, and we are always interested in compliance rather than levying fines. If you have not already done so, please come forward and give your name to the clerk so that we may know you are here. If there is no objection, we will consider at one time all cases involving the same piece of property. Madam Clerk, would you call roll?

Board Member Rodriguez?

Present.

Board Member Buenconcejo. Present. Board Member Hahn. Present. Chair Hewitt.

Present.

Your quorum.

All right. Madam Clerk, is anyone present for first hearing? No, sir. No? All right. At this time, Chair observes that there have been no appearance by anyone on behalf of the alleged violators in connection with case numbers 0825245. Code 10-25-326, Case 10-25-357, Case 11-25-364, Case 12-25-372, Case 12-25-384, and Case 12-25-387. Mr. Director, do the case files on each of 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?

They do, Mr. Chair.

All right. At this time, I will entertain a motion for summary adjudication. Mr.

Chair, I move for summary adjudication of all such cases to include the finding of fact and conclusion of law that a violation exists as charged in the respective notice of violation issued. In each such case, the offending party shall correct the violation within the time period specified by the statute In the staff recommendation for this hearing, it immediately notify the code enforcement officer when the property is brought into compliance. In 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 thereby authorized to be automatically assessed against the violation. In the respective daily amount specified in staff recommendation for tonight's hearing, retroactive to the original compliance deadline, which will constitute the lien on the property of the violator.

All right. Do I have a second? Second. Madam Clerk, would you call roll?

Board Member Hahn? Aye.

Aye.

Board Member Buenconcejo.

Yes.

Board Member Rodriguez. Aye. Chair Huber.

Yes. All right, motion carries. Madam Clerk, is anyone present for enforcement orders?

No, sir. All right.

Also in tonight's agenda is a matter of staff's 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. Case 0825237, case 0925282, and case 1025325. Mr. Director, do the files of 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 be corrected in accordance with the previous orders of this Board and that to date no one has contacted Neighborhood Services to advise that these violations have been corrected?

They do and they have not.

All right. I will now entertain a motion to impose fines. Mr.

Chair. I move that in each case currently remaining on the penalty docket for tonight's hearing, let the 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 in the property of the violator.

Do I have a second?

Second.

All right, Mr. Hunt. Madam Clerk, would you call roll?

Board Member Rodriguez?

Yes.

Board Member Hahn?

Yes.

Board Member Buenconcejo?

Yes.

Chair Hubert?

Yes. All right, thank you very much. Madam Clerk, who do we have present for request for relief?

The first person we have present is Bart Chepinick on behalf of Biscayne Events, LLC.

All right, Biscayne Events, LLC. All right. If you would, all right, so we are here for, let's see. 640 Grand Concourse, case 02-2532. The amount is $15,600. Case 482-2021, $297,900 for a grand total of $313,500. Please state your name and address for the record. Your Honor, my name is Todd Leone. I'm the owner of the property. I'm the managing member of it.

I BOUGHT THE PROPERTY, I THINK IT WAS BACK IN SEPTEMBER, WAS IT SEPTEMBER, AUGUST OR SEPTEMBER, THE PROPERTY HAD a bunch of liens on it.

Yeah, hold on one second. Okay, so we have a fine amount of $313,500. The amount proposed is $5,000. Now explain why we should accept your offer.

Okay. So Bart is the attorney. I've given him also power of attorney, and I guess he'll explain it to you. He represents the old owner of the property. He is the guardian? I represent the guardian. He represents the Guardian, and he'll explain what happened.

Okay, go ahead. Before we go on a little further, so you've already purchased the house from –

purchased the house from the seller and we have put these funds aside you know she's infirmed she's an old lady and whatever you guys give any type of she needs these this money to to live on she's not well at all and she's in a home and Bart will explain the rest All right.

Go ahead. Mike, the two cases on here, I don't have what the cases are, I guess, on any of these issues. Do you know what these are, the two cases? The violations? Yeah.

And we've complied with that. As soon as we bought the house, we went, got an architect, did everything that Mike asked us to do it in the city and we put a new roof on the house We've closed out every permit, you know, you can ask Mike The roof was dirty the pool was breeding insects and

This one is similar. The roof is in need of repairs, stained, dirty, and damaged. Please complete all repairs and maintain. Please obtain permits for roof repairs. Foul order. coming from the property Please address the odor coming from the inside of the unit deteriorated walls water damage chips stained and damaged through our property fence wall driveways walkways dirty stained or damaged driveway perimeter wall

So that's why you guys didn't tell them to go for a reasonable accommodation?

There was a private space inside the unit filled with feces, damaged roof, and that's it.

I want to say one more thing before I turn it over to Bart. As I understand it, this woman was very ill, and she had her son who was, I think, on drugs taking care of her. And when they found her, she was just not in good shape. So Bart will explain a little bit more, you know, and then you can make your decision from there.

Okay. Mr. Chair, I'm sorry if I may. Yes, I visited the owner. I visited the owner with the previous officer, Lazaro, with a police officer and a social worker. Okay. And that is correct. There was deplorable conditions, to say the least.

All right, you guys can go ahead.

My name is Bart Chepnik. I'm with the law firm Chepnik Trucion. I represent Elena George, who is the plenary guardian of Joan Viscount, the former owner of the property. who is currently under an involuntary guardianship in Miami-Dade County. Ms. Viscount is currently 87 years old, and she will live the rest of her life in an assisted living facility and likely skilled nursing. She's currently down at the Palace Gardens in Homestead, if you're familiar with that facility. This is a... This is as sad of a story as you'll ever hear, and it's hard to believe as I look or hear that this was happening among your neighbors. I want to give you as much information as possible. I have prepared something for all seven members. I don't know if you, especially if you're going to deliberate, I can give this to you, but I'm going to go through the substance of this right now with your permission.

Okay.

During the time of the principal code violation on July 15th of 2021, the now former owner of the property, Joan Viscount, was living there as her primary residence. She had purchased the property with her husband in 1988. He passed away in 2015. She was simply physically and cognitively unable to maintain the property. Sadly, as she descended into a debilitating dementia, Ms. Viscount suffered abuse and neglect at the hands of her son, Robbie Viscount. And upon an investigation report by the Florida Department of Children and Families, DCF removed Ms. Viscount from the property and unilaterally filed a petition to have her determined to be incapacitated. This is rare, gentlemen. This isn't something that you see every day. That petition was ultimately granted by a judge here in the guardianship court, and my client was ultimately, Elena George, was ultimately appointed, who's a professional guardian, no relationship to Ms. Viscount, was ultimately appointed as the guardian. I am her lawyer. A copy of the petition to determine incapacity is I have printed this out for you. It is instructive. It does detail, give the sordid details on how DCF found Ms. Viscount in 2023 when it was ultimately able to access the property and see the deplorable condition, not only of the property, but of Ms. Viscount herself. Ms. Viscount's guardian, my client, received approval from the Miami-Dade Guardianship Court to sell the property, which sale closed on September 16th of 2025 to Mr. Leone. Insofar as the sale proceeds from the sale are needed to pay for the supervised care of Ms. Viscount, who's currently in an ALF and likely will need skilled nursing for the balance of her life, every penny does count for her. We're asking that the lien be mitigated because she didn't have the mental capacity and ability to comply. She does need the money, and the new owner, Mr. Leone, has now taken over the property. and immediately brought it into compliance and has begun improving the structure to eliminate the risk of ongoing violation. So that's the summary. With respect to what was happening in 2021, At the time this was issued, even though the guardianship was established in 2024, we believe that she had substantial incapacity going back as far as 2016. She's believed... She was the subject of abuse and neglect at the hands of her son, who lived with her, and it was supposed to be her caregiver. Again, this was happening far before the violation, the initial violation, the one that's currently accrued to $297,000. At the time, she was 83 years old, and sadly, the report of abuse which came down in September of 2023 was the first opportunity for the state to come in and begin to try to ameliorate the sad condition. She was essentially being held hostage by her son in the unsanitary condition of the home. Again, detailed in the petition to determine incapacity, which I am glad to share with this panel.

All right. So what was the sale price of the house?

It was $1.25 million. Okay. That's right.

When was the guardianship granted?

The guardianship was granted in April of 2024. Okay. So I can say there is a subsequent violation. I can tell you, and I have all the details here, and Mike may be able to corroborate this independently, that is that the son wouldn't permit entry. We had to get rid of possession. We had to get him out of there.

Yeah, that was my next question. When did the guardian take possession of the property?

Yeah, so the guardian took possession of the property on January 28th of 2025. She worked as quickly as she possibly could. But what happened, I'll give you the details. What happened was... She was forced. She tried to get into the property herself. She was forced to then pursue an action against Robbie Viscount for ejectment, an unlawful detainer on June the 10th of 2024. So she was appointed in April. So the run up to her possession is this because Robbie Viscount. actively evaded service of process. A writ of possession ejecting him couldn't be obtained until January 7th of 2025. The slow wheels of justice here. On January 15th, under the writ of possession, a final notice of eviction with a 24-hour notice was served upon Robbie Viscount by the Miami-Dade Police Department. The following day, Ms. Viscount's son filed an emergency motion to stop eviction, which caused the sheriff to stay the eviction proceedings which was finally ruled upon on January 28th, thus the day she was able to access the property. She scrambled as quickly as she could, but on February 11th, there was a subsequent notice of violation that was issued. Immediately, she sought to clean the property up. listed for sale, and ultimately got it under contract, and we closed in September. We worked quickly, but for that February violation, we couldn't do anything about it. We're talking about dead animals. We're talking about a rat infestation and fleas, a hole in the roof. This was a drastic situation, and this persisted, we believe, We understand well before the imposition of the first fine, code violation fines, in July of 21. Okay.

Just what did the guardian do to mitigate the, for the case 02-2532, the, you know, because that, so that happens after the guardian's in possession of the property, right? Because that's February of 25, right? I know they listed it and sold it in nine months, but what did they do to mitigate, if anything, or come into compliance for that case? Did they do anything? Did they just not know that they needed to come back to this village and say?

It was at that point that we learned about the violations themselves. But the situation that she came onto was an extreme hoarding situation. All of the floors were covered with cardboard boxes. The tiles were missing from the floor. In answer to your question, it was a massive clean-out project. So she hired a cleaning crew to come in?

That's what I'm looking for. Not that she just said... Description of the property is accurate. Okay. All right, do we have any questions or comments from the board?

Was there a remaining mortgage on the property when the sale was made? No, there was not. Okay, so there was no mortgage. So her estate, essentially, because she's in guardianship. took proceeds of $1.25 million less fees, correct?

Yeah, exactly.

So the guardianship program was out money, obviously, because they had to front the clean out and all that, right? Yes. So what does the estate owe for that? What did they spend to clean out the property, market it for sale, and all that?

So approximately $35,000. Okay, so $35,000, okay.

And I'm guessing they paid the 6% on the 125? Yes, yes. And then, as I understand it, you've held $313,500 in escrow? The money has been escrowed.

Yeah, to close it, we had to do that. Yeah, okay, just making sure.

What are the monthly expenses for the guardianship and the care facility?

So the care facility alone is $6,700 a month. And so she has, and she'll have incidentals of approximately $1,500. Okay.

And that includes the guardian?

Yeah, yeah, the guardianship fees, legal fees, et cetera. It goes, you know, yes.

So we're at like $8,200 a month. $8,200 a month. Yeah, yeah.

And this is it, and there ain't no more.

Yeah.

And I would also be remiss if I didn't say that there's a similar situation in another municipality where, in that case – The son actually had an ownership interest with Miss Viscount, and a similar thing happened. He let it... She wasn't living there, but he had completely... He has... He has deep emotional problems, a deep drug addiction. And so it's not clear to me that she won't have – there's not some level of jeopardy there as well.

Okay. So the – I'm assuming that the state's going to store the money in interest-bearing accounts? Are they required by law to do that or is it just going to an escrow account?

So she is not a ward of the state. She actually has a professional guardian. So the guardian has the cash in interest bearing. Due to her age, we don't risk the money.

But the guardianship is a fiduciary, right?

Indeed, yes. Okay. And the son is stricken from access to it in any capacity? Well, yeah. I mean, the guardian has control over it.

I mean – DCF referred this matter to the state attorney's office. I do not get updates on that process. But he, of course, has been restricted from the assisted living facility.

Okay. The – I mean, you know, they would have... Is there a will or anything that predates the guardianship? That was my... Is there a will? Or anything that predates the guardianship?

I don't know.

Okay. Now, just wondering if they're going to be entitled to any of the money after... Oh, goodness.

Good question. I hadn't considered that one.

Because my estimate with interest and everything, she's got about 14 years... expenses yeah yeah if you know based on this money yeah yeah yeah I you know that's true I mean you know at her age I mean that's you know I think she's covered but there's also a daughter as well yeah I mean so okay any further discussion all right hearing none We have a fine amount of $313,500. The amount proposed is $5,000. Is that your best offer?

The idea here is that my client is throwing herself on the mercy of this panel, that there's seeming to be no precedent for an offer here. I mean, I think the idea is, hey, the town should be compensated for its cost of having Mike spend his time go out. I don't know how to quantify that. So I would be remiss to say that it's the best offer. It is what we were coming, thinking that this was in fairness to the town and in fairness to my client.

All right. So how long would you need to pay the $5,000?

We will have to petition the court for the payment. That will take approximately two weeks.

Okay. So let's say 60 days?

60 days would be adequate, yes.

Okay. The offer is $5,000, payable in 60 days. Do I have a motion? Do I have a second?

Yes.

All right. Any further discussion? No. Madam Clerk, would you call roll?

Board Member Buenconcejo? Yes. Board Member Rodriguez?

Yes.

I'll do it.

Yes. Board Member Hahn?

Yes.

Chair Huber?

Yes. All right. Thank you very much. Thank you very much. All right. Madam Clerk, who do we have next for request for relief?

We have Dwight Mobley, 9402 Northwest 2nd Place.

MS.

He's the gentleman that Attorney June referenced regarding public office. MR. Okay.

Well, we'll put that on hold until later. We'll have a discussion. What's the next one?

MS. That would be Abisal Property Address. Excuse me. Abbey Salt property address, 114 Northeast 107th Street.

All right. If you would approach and state your name and address for the record.

Abbey Salt, 114 Northeast 107th Street, Miami Shores, 33161.

You live at the property? No. Okay, so state your address.

My current address, okay. Well, where I live is 2333 Northwest 131st Circle, Miami, Florida, 33167.

All right, so we're here for 114 Northeast 107th Street, case 1024478. Fine is $17,000. Mike, what is the case on this? Unauthorized construction. Okay, unauthorized construction. All right. Please explain why we should – your offer is $2,500. Please explain why we should accept your offer.

Yes, sir. So when I bought the house – I think about four or five years ago, there was a brand new roof on it. And I lived in the house. And then when I moved, it turned out that some of the tiles were broken. AND SO THE CONTRACTOR SAID THAT IT WAS UNDER WARRANTY AND THIS WAS A WARRANTY REPAIR. SO I DID NOT THINK I NEEDED A PERMIT AND THEY WENT AHEAD AND THEY WERE WORKING ON THE ROOF AND THE VILLAGE FOUND THEM AND CITED ME FOR DOING THIS WORK WITHOUT A PERMIT. I don't know why. I'm curious where they sent the notices, perhaps to the house, and I didn't get them because the mail there is, I usually have mail sent other where, but in any case, they probably gave proper notice, but I do not know. AND HERE I AM, YOU KNOW, BELIEVE ME, I HAD, I GET PERMIT FOR EVERYTHING. IF YOU LOOK AT THE RECORD OF MY HOUSE, I HAVE A LOT OF PERMITS. IF I HAD KNOWN ABOUT THIS, I WOULD HAVE FIRST OF ALL COME TO THE HEARING, I WOULD HAVE IMMEDIATELY, YOU KNOW, DONE, APPLIED FOR THE PERMIT, BUT HERE WE ARE, HOWEVER MANY DAYS OR, YOU KNOW, $50, WHATEVER, $17,000. later so um that's what happened and you know it was there was no cost and again i thought you if it was under 500 you know there were a lot of reasons why i didn't think i needed a permit to begin with but um in any case i would have immediately rectified this and i did as soon as i found out about it so all right is the uh property for sale or for It is under contract. That's how I found out is we did the lien search. What's the contract for? $885,000. Okay.

Anyone have any other questions, comments? I feel like you

In what groan?

Yeah, that's what I'm saying. Well, first, I, first, yeah, the problem is, and you can, you could abstain from voting if you so chose or, you know, vote, whatever. The problem is if we don't have your vote, we can't, we don't have quorum without your vote. That would be my only comment to that. So, I mean, if you don't think you're impartial and you wanted to abstain from moving, I think that would be fine. When it comes time. Anyone else, questions, comments? Mike, just as a query on this, because I believe they should be able to replace roofing tiles, but they would have had...

Thank you for the question, Mr. Chair, but I'd rather not pine. That's a building question. Thank you.

So initially, the roofing was done while you were the owner or prior to you owning the home?

There was a brand new roof when I bought the home. So it was in supposedly good shape, but then there was this problem. And even then, when the code enforcement, because I did hear that there was a problem, but I thought it had been solved. ASSUMING IS NOT A GOOD WORD, AND I THOUGHT IT HAD BEEN TAKEN CARE OF BECAUSE HE SAID IT WAS UNDER WARRANTY AND THERE WAS NOTHING TO BE PAID, ET CETERA.

HOW DID YOU KNOW WHICH CONTRACTOR? DID YOU COME HERE AND PULL THE RECORDS?

YEAH, I KNEW WHO THE CONTRACTOR WAS.

DID THE SELLER GIVE YOU THE INFORMATION WHEN YOU BOUGHT THE PROPERTY? I MEAN, HOW DID YOU FIND OUT? TO HIS POINT, SOMEHOW, YOU KNEW THAT IT WAS UNDER

No, I mean, I knew it was a new roof, and then the guy said, but then I ended up, I couldn't use him because he didn't, when I found out, then I found out I needed a permit, and then he was sort of, like, not responding, and he wanted to charge me a whole bunch of money, even though, as far as I knew, it was a warranty issue. So I had another contractor have to come in. Yeah.

Because if it was the original contractor roofer, based on what he said, they would have come here, said, hey, we did the work on it.

That's not what he said when I spoke to him. I mean, it was very confusing for me. Let me put it that way.

Okay, so you had a third-party contractor repair the roof.

Yes, I did.

When did the job site get shut down, or were they already complete by the time? It's not your case. It was Laz's? Oh, Leopold. Sorry.

I think it was Don. What was the question?

Did the job site get shut down, or did you just cite them for... No, they were already done. They were already done. They were on top of the roof. They were done. They were cleaning up, and they were wrapping up. Yes, yes. Okay, so yeah, okay. Did they tell you right then and there? Did the roofers call you and say that the code enforcement came by? No.

I'm so sorry, but it's so long. No, it's okay. If you don't remember, you don't remember. How it all happened, exactly.

And, Mike, you noticed the address on record. Do you have the address? So you noticed the house. Yes, sir. Okay, so when you own multiple properties, they will mail the stuff to the address on record. So that doesn't have to be the house address. It can be a P.O. box. It can be your primary residence. It can be any address, but they can only go by what the county has.

Although, Mr. Chair, the request for relief application has a mailing address of 710 Northeast 126.

Yeah. Yeah. They didn't update the title. Okay. All right. Do we have any other questions, comments, concerns? All right. Hearing none, we have the fine amount is $17,000. The amount offered is $2,500. Is that your best and final offer?

Well... I was told that I should offer less by people who've been here, and I just want to get this done, and I don't, you know, I'm not happy to pay it, but that is my best offer.

Okay.

I think it's a good one.

No, go ahead, Julie.

Oh, before we vote, there's a motion on the floor.

Obviously, me and Ms. June on the microphone.

Here.

Before there's a motion on the floor, obviously any board member can decide if they want to abstain from voting. But as it relates to any conflict of interest, it is if you have any special gain or loss to any... relatives or yourself and relatives they're close relatives as in wife you know siblings or you know just close relatives however that is when you must abstain but it is within your right if you you may if all right so the offer is twenty five hundred dollars uh how long would you need to pay i can pay it um we'll

30 days?

Oh, certainly, yes.

Okay. So the offer is $2,500 payable in 30 days. Do I have a motion?

I move to accept the offer.

Do I have a second? I vote 30 days. Any further discussion? Madam Clerk, would you call roll?

Board Member Hahn? Yes. Board Member Buenconcejo?

Yes.

Board Member Rodriguez? Yes. Chair Huber?

Yes. All right. Thank you very much.

Thank you so very much.

All right, Madam Clerk, who do we have next?

Arturo Pino to Northeast 91st Street.

All right. If you would approach and state your name and address for the record.

Good evening, everyone. Well, I'm actually, first time in here, just bought the property, and my name is Arturo Pino, and the owner of 2 Northeast, 91st Street, Miami Shores.

Okay, and your address is?

My personal address, 5252 Northwest, 85th Avenue. Doral, Florida, 33166. All right.

Mr.

Chair? Yes. Yeah, the original applicant was the previous owner, okay? Okay. So he's the new owner?

Yeah, he subsequently purchased it, but this was already in process.

Yeah, that's why it was a different name on his name.

Okay. So we are here for case 1048-2022 and 1341-2022. Mike, what are those two cases? Yeah, work without the benefit of a permit. Okay, so unauthorized construction, no permit. All right, so fine amount $123,250 and fine amount $53,950 for a grand total of $177,200. Please explain why we should accept your offer.

Right. Yeah, I mean, the previous... Oh, yeah, offer is $500. Please explain why we should have... Well, the previous owner made that offer. It was not my offer, so I'm walking into a whole mess. Well, during the transaction, we found out about the lien when doing the lien search. He didn't disclose it. And then, you know, I really wanted the property. It's run in corner lots, and I think it... I think it's on a beautiful street, cul-de-sac, fantastic. And I told her, you know what, do what you have to do. You have all my support to bring it back to code or solve whatever issue that you had incurred in the past. Honestly, I didn't even know what she had going on. So, yes, she brought it back to code to originally how it was, and we were able to close. And the only thing is that I had to put – I used a bank to close on the property, and they required me to put some money on escrow and, of course – The property needs a little bit of repairs, and it needs a brand-new roof, new windows, new floor. Yeah, so I really need the money that I have in escrow in order to update it.

Okay, so what was the purchase price of the house?

It was $790,000. Okay.

In addition, you escrowed on top of that, or they withheld from payment to her the $177,000?

Uh, no, no. Well, I had to put an escrow, an additional 84,000. That's what the bank required me. Okay.

Okay. So you have 84,000. Yeah. Okay.

For the title of something that, well, I didn't even do so. And she, she placed that offer. I don't know. Uh, um, it would be amazing for you guys to suggest me on what I should offer because I'm conscious of, uh, the, the existing lien. Um, um, But honestly, first time in this situation, so honestly, I don't know.

Okay, so you paid her $790,000, and then you also put into escrow for the title company another $84,000? Yes.

Correct.

All right. Anyone have any questions or comments?

So what will happen to this escrow? Can we at least consider that in regards to the... That's my question.

Well, they put that as half of it to basically hedge the bet because, in essence, the property owes $177,200. He, right now, owes $177,200. I'm trying to say that in regards to the offer, we don't have an offer yet.

Well, we can talk about that after we get to the final question. Are there plans to redevelop?

Yeah, not redeveloped. I'm replacing the whole roof. I'm actually working to get the permit done. And also, it doesn't have impact windows. It has the cordon shorter, so I'm planning to replace the windows as well. Most likely, well, I applied for a stucco and new paint permit, literally just. Are you planning to make a new one? I'm planning to, hopefully, yes, unless you guys know someone that wants to offer a lot of money. No, to live.

He's planning on living.

Yes.

Okay. Rod, you got anything else? No, I did not get your full name.

Of course. My full name is Arturo Pino.

Arturo Pino.

Yes.

I have a question for staff. Okay. Were there any substantial costs incurred by the city because of any of the work done today?

any other questions okay so we have a fine amount of one hundred seventy seven thousand two hundred dollars the previous offer was five hundred dollars is that your best and final offer

I don't think it's fair to you guys what she did, but I don't think it's also fair for me, especially knowing that the property had the lien, so I'm willing to offer, I don't know, $2,000 if that's something that's fair, I don't know, for everyone.

And how long would you need to pay?

If you can give me 60 days or... 60 days? Yes.

Okay. The offer is $2,000 payable in 60 days. Do I have a motion? Anyone have any other comments?

Well, I would like to move another motion.

Okay.

I move that in paying for $5,000 payable in 60 days, we will remove the lien in the house.

All right. Do I have a second? A second. Oh, OK. Madam Clerk, any further discussion? No? Madam Clerk, would you call roll?

Board Member Hahn?

Yes.

Board Member Buenconcejo?

Yes.

Board Member Rodriguez?

Yes.

Chair Huber?

No. All right. Well, it passed, so...

So I pay $500 or $5,000?

$5,000 in 60 days.

All right.

All right. Thank you very much. Thank you, guys. Madam Clerk, do we have anyone else present?

By the way, thank you for what you do, by the way.

Thank you.

Not for a trust for a year?

No.

This 1270 Northeast 98th was a no-show?

Excuse me. One more question. What's the next step? What do I have to do?

Get with the clerk to pay it, and they'll give you an estoppel letter. But not until next week. Not until next week, and you have to come to the window. Yes. Thank you, guys. Thank you. Middle to late next week. That's a no-show. That's a no-show? Perfect. All right, so there's a possibility of some discussion that the board might hear. Mike, can you give us some extra information on this?

Well, thank you.

So the address, the issue? Yes, sir. And why it's not on the docket?

Yes, so 94, property address 9402 Northwest, second place. So there's three cases in total. Okay. These go back, go way back, at least two cases due, which had substantial liens each of $370,000. Only those cases, as I mentioned, were liened, and they met retention of 20 years, so we had to basically discard those. They met retention, so we can't do nothing about those. there's one case that is still running a fine of $178,200 the property apparently was for a good while in bad shape. After several years, there was some activity. There were some permits that were pulled. There was extensive work going on, only the permits expired. So the gentleman here tonight has some financial burdens and he has some issues with the property. He's asking relief because he's apparently going into a foreclosure.

Yes?

And he wants the board to be, I guess, to hear his Statement, okay lenient towards his issue. The problem is is that he's he just got into he just came into compliance Okay, so the property is in compliance He just came into compliance Today Right, with the last case. Okay.

Okay. And you re-inspected?

Oh, yeah. No, well, I inspected in the system. It said it was – and I checked with – Oh, okay. So Ish closed – or whoever closed the permit and all that? Yeah, with the girls in the building department. And so, yeah, so we stopped the fines. But since he wasn't on the agenda, again, he wants to be heard.

Okay. Okay. not able to vote on this correct no we aren't because it has to be noticed to the public that's that's the main the main holdout is that um so um you get go ahead um and another option too again if you allow oh it's not on is it no it's on she turned it on um

If you do allow the property owner to speak, another option is to hold a special meeting where you could vote on this if the circumstances fits.

But that would have to be at a future date.

That would be at a future date. After the notice. Yeah, after the notice and all of that.

Okay, so hearing the issues as Julen has addressed, we can either have a non-binding statements from the public, or we can vote to have a special hearing at a future date after all due notices and everything else to the public, or we can do nothing. Do I have any questions or comments from the board on this matter? I believe that it is the testimony of staff that there is a possible foreclosure. To discuss that any further, we would have to have a public discussion with the applicant or not applicant.

So all the option . All that option right now, that is the legal way we can proceed.

Yes, and this would function as a public comment and not necessarily a decision-making process at this time, only because it was not noticed. Now, the decision that you make to first, if you will allow that public comment, and then second, based on the public comment, if you wish to just work with staff and it would just be placed on the next meeting that we have in march or you could hold a special hearing and before the march meeting um if the circumstances fit um so okay yeah so i mean at this if you if you were interested in the possibility of a special session you would have to open up to public comment to be able to discuss that

Um, if you're not interested in that, then there, you know, and you only wanted to open up public comment, you can also do that. Or the third option, which is to do nothing. Those are pretty much the only three options. But to get to option two, you have to do number one.

So you could figure out if there's an emergency. Yeah.

Well, yeah. And, and the, the thing is, if the, they have obviously more than enough time to get onto the March docket. So that, that's not even, even a concern. So, um, Do I have any comments or questions? Well, we would have to make a motion to hear it. So if you don't want to hear it, then we can just stay silent.

Before we do that, because for me, it doesn't make sense to have this right now. Because the three options is like, I think goes around to third option. We can't do nothing, something like that. Because if that option is not there, then...

I mean, you could always hear them out and vote if you want to, just... It's a public comment. As you, you know, you've been to council meetings, they have public comments, you hear them out, and then it's not really a discussion or a back and forth. It's just you hear the story. That's the nature of public comment. You're just hearing out their side of the story. You don't necessarily have to, there's no questioning, there's no back and forth. Then you'll have all the facts and get to evaluate your second step moving forward. But then again, that is at your discretion if you even want to, because again, you would have to amend the agenda to allow for this public comment. Because that's not in our agenda. Yeah, we don't have public comments. Yeah, we don't have public comments.

So what we're going to hear will be documented?

Yes, it will be documented. You'll hear it out. It's not a discussion portion. It's not a question back and forth. You'll just hear the property owner. And then after that, the board can decide based on the testimony or the public comment what they would like to do.

All right. I would move that we open the floor for public comments strictly relating to the urgency of the matter.

Seconded.

All in favor say aye. Aye. All in favor say nay. Aye. Ayes have it. All right. If you would approach and state your name and address for the record.

Good evening. My name is Dwight Mobley. My address is 9402 Northwest 2nd Place, Miami Shores 33150.

Okay. Please explain why the urgency and the, well, let's go with the request for a special session.

We have an imminent foreclosure that will happen in 12 days.

Okay. That's the urgency. That's the urgency. And the foreclosure, you can't refinance because of the liens?

We were stopped from – we had scheduled the refinance on – to close January 15th. On the 12th or the 9th, somewhere in there, we got notice from Miami Shores to the title company of the liens.

Okay.

That stopped, halted the foreclosure, I mean the refinance to redeem the property out of foreclosure.

All right, perfect. Thank you very much. Do we have any questions extending on that?

How long you have been in this property as the owner?

It's been in the family for probably 30 years. I've been there for the last probably five years maybe, roughly.

Okay. Mr. Hahn, you have any questions? Okay. All right. Thank you. Do we have any motion?

What will be the motion?

The motion would be to have staff set up a special session, or that's it. That's the only motion. Either that, or we move on to the next task.

Then the special...

thing is before March meeting or well you know and in theory they would there the the request would be to have it within 12 days well probably less than that because you know you need time and we don't we would if we wanted to make the motion we would have to enter into discussions with staff about what the time frames that they could meet I don't remember what the notice period is I believe it's a week but I'm not sure I think it's five business days you know but I'm not

Through the chair? Mm-hmm. Best practice would be at least 72 hours.

Okay, so at least three business days for notice. That would be acceptable minimums? Okay. And would you be able to schedule availability of a meeting area and all of that within... You know, how long would you need to set that up?

Through the Chair, I defer to Code Compliance Manager Orta since his office or his department does the heavy lifting regarding the holding of any meetings.

I don't even know what the availability of this space, let alone, I mean, if we have access to additional space, we'd have to coordinate at least four of the board members. I mean, that's on me, you know, to figure out that. But as far as staff, like, is this something that would be doable? I'm not even saying we're going to vote yes or no. I'm just asking if this is even feasible so that they could decide to make the motion or not.

And we're, I mean, all up for helping Mr. Mobley to set up a meeting. And now, where right now this building is currently going under extensive renovations, I mean, I'll have to get back to the board. Yeah. Because I want to know where.

Yeah, I mean, you know, staff is already at 100% now, and this would be obviously asking for something that is not something that we are prepared for, and it is a short time frame, so we would just keep that in mind with our motions.

Yeah, I need to see whatever upcoming meetings are going to be in this room, which is the only option.

I mean, as far as that, I can confirm which date since I have the calendar for all the board. Essentially, the village clerk's office administers the space. But I don't know in terms of whatever it would take on your end and, you know, as far as the administrative work.

But there is open time in the evening?

On which date?

I don't know. Is there any open days in the evening? I can check while – Because realistically, I mean, there's – The burden would be too large to go to another room because you need recording devices and everything. That changes. So it would have to essentially be here. Correct. Yeah, we're not, we don't have two spaces set up, you know.

That's correct. How much time do we have? It's Thursday. A minimum of 72 hours, right?

So the first attempt would be Wednesday of next week.

And there's already sustainability next Wednesday. It meets in the space, but They can always be moved to the community center if there's space available.

How long do their meetings normally go?

Two hours.

Okay, so now then they can't do it on the same day and just wait for them to fit in.

But usually, I mean, through the chair, quasi-judicial boards usually have precedents.

No, no, I got that. Any decision for a motion would weigh any encumbrances on the other people as well.

I have something to say before.

Okay, Rahat, go ahead.

Of my 27 years of service as a code enforcement board member, these kind of things never happened.

No, I agree. It would be a first, I believe.

So if we will allow this, we will have a precedent.

There would be a precedent being set, yes.

We don't work on precedent. Yes. I don't need to say it.

Should I have my mic on for that one?

No, I mean, obviously I haven't gotten into playing devil's advocate or anything yet for any of these things yet, but yes, we don't typically like to set precedent. This board's been doing fine for a long time, but... You know, I wouldn't want to, you know, blanket say no. You know, so that's why I wanted to hear it out and, you know, to see what the problems are. I think it's a tough mountain to climb that we would need to get four board members. We need to get the clerk here. We need to get the space. We have a minimum notice amount. And I'm just going through the litany of issues.

I'm asking you, is there an option for us to... able to put in an option to investigate and see if it's viable that we can get the meeting set up, and if we can, we can take the meeting? Because there's too many moving parts here right now to say yes.

I mean, with the short time frame available to us, I wouldn't want to put the additional work on and then not be able to accomplish it anyway.

If you can't get quorum and staff has made all the accommodations for it, then it's all for naught.

Well, I mean, even if I voted no and it does pass, I would take all due effort to ensure that four members attend.

The other issue I have here is that, which is addressed to the attorney, this kind of board have to have a meeting in the public.

Yeah, that's the whole notice period.

If we will move somewhere else, then... No, we can't move anywhere else.

We'd only be here.

So the second option is if there's a lot of logistic questions. The chair has the authority to call special meetings. So if the chair in conversations with the code enforcement officer would like to kind of call a special meeting after tonight, then that is also an option if there are logistic concerns. That is another option. But I think the reason why I state that maybe voting would be beneficial then you guys in voting kind of have like a commitment that you'll show up which will help with you know any quorum issues that the chair may have in the back end yeah but you know honestly though that's that's the issue even like even if i were to vote yes and you know but then the

staff is setting a specific date i might not be able you know i'm i i can't keep the next 12 you know all the business days in the next 12 days open you know i wouldn't also under make anybody else do that i mean i would make all due cause to attend but um i can't we wouldn't be able to guarantee in advance yeah that is also my main concern because in the past to do this and not have the reason would be a huge huge i'm not pessimistic

About this or optimistic, but the thing is that based on my experience for the past five years We can sell them have a full quorum We experience Yeah, when regular meetings no meeting because there is no free actually like right now there are only four of us So if you're gonna make another Let's see four days from now to call a meeting Who knows we'll be here.

What was the fine amount again Mike? I'm sorry.

I

178. 178.2. You wrote it down? Thank you.

178. Oh, I wrote it.

Yeah, here it is. I wrote it down. I was like, it wasn't on this.

So in speaking with the clerk, it's looking like the 12th and the 19th are plausible dates. So that's just more of like a logistical consideration. Yeah, the 19th would be too late.

It would be only the 12th would work.

Okay, yeah. I'm just a little, I'm not confused, but I just, you were going so fast.

Oh, yeah, it was three cases of 370,000.

Yeah, two met retention, so we had to, yeah, we have to release those. Can you explain what that means to me? Yeah, because we can only keep a lien alive basically for 20 years. After 20 years...

There was a paperwork mistake. They should have re-liened the property because the lien is continuing to grow. Somebody should have filed that 19 years, the re-lien, but... It's a billion papers that you can't expect people to do that. So it's not staff's fault. It just ran out.

So there were two cases like that at $370,000 each. So the one that is current is the one for $170,000. I'm sorry. But then you said it was current.

He's in compliance. He's in compliance. Yeah, we wouldn't even be talking about this if it wasn't. That's what I was like.

I have a quick question, though.

He came into compliance with what he needed to do. Right. Correct. Now it makes sense. Thank you.

Sure. I have a quick question to refer to you, sir. Is there any way that you can at least move this foreclosure a little bit by just talking to the bank or whatever?

At this particular point in time, I can't. The only thing I have is the open window is with the judge. We have a motion with the judge, and the judge will decide based on what we come back into the court with. And with the liens in place, it's not going to be good for us.

We're trying to refinance. We're trying to refinance.

Yeah, just the expedience. That's the only topic for discussion right now anyways.

Yeah, because usually there is an appeal that the judge can still give another appeal to the judge.

Yeah, I mean, before any vote, so far we haven't had a motion. My comment would be to appeal to the judge to stay until the day after the next meeting. I can't imagine that, you know, the judge would be, I mean, that would only be pushing it another, you know, 10 days or, no, not even, it's just like 10 or 12 additional days. Because I honestly, I mean, we'll see if a motion, but honestly, I don't foresee a motion coming out of this. It's just, I think it's overburdening on staff. I think it's unlikely that we're going to have quorum, which is my, I wouldn't want to burden staff and then not have quorum.

I would like to move, but I know I will not be available for quorum at all next week, due to my work schedule.

No, yeah, it's the worst time for you.

It is literally the worst time of the year for me.

Is there a document maybe that this board can give him to take to the judge? Hey, listen, we're doing something here. We just can't do it right away.

With regards to the document, I think the staff here have the responsibility to do it. with the intention that there will be a meeting on March.

Yeah, the problem is we can't even have, like, a mock hearing to get how much money would he offer. And because these four people might not be here for that meeting, so we can't even say to the judge, like, oh, we had, you know, a mock hearing, and of the $177,000, we think that, you know, $8,000, and he has, we don't even know if he has the, you know...

What about giving him a docket that says that he's on that agenda? Yeah, at least in the docket.

So staff can definitely work with the property owner?

You guys can help him get this done and be on the books by tomorrow and at least show that he has a hearing scheduled. And that might be enough to convince a judge. He's already on the agenda for the next meeting. You know, if it had been done yesterday, you know, no, even then, it would have had to have been done at least, yeah, at least Monday morning.

He has muscle that they want to help him, but the burden is not on us. The burden is on him, too. He has to do something about that. We already expressed our support to him.

Yeah, yeah, I mean... Think the board is willing to stretch a little bit to help people as much as possible I just think that this one is just a little a little too far. Well, it's mainly you know, it's it's it's Staff is fully occupied. It's not like they have an overabundance of free time, you know They're not taking two-hour lunch breaks even you know plus coordinating at least four of the board members to attend the likelihood of that is

We also know one will continue to be out of town next week as well. Well, yeah. So we're already down two.

So we're already down two. So, yeah.

So, I mean... You would have to have all the other four. At least four of the five.

And I have to check my calendar.

I might...

Number one, I have a February 27 out of the country, so...

but there's no way you can do some type of documentation well that's right now i would make a motion to re my motion would be to request staff do make all due uh expedience to get him on the document and publish some kind of paperwork for him by the end of business tomorrow so that he could present it that would be my motion i will support that motion i would support that motion

Okay.

All right. So moved as stated, we request the staff to, with all due expedience, to start the calendar for the next meeting and get this house on the docket. Do I have a second? Yes. All right. All in favor say aye. Aye. Aye. Ayes have it. All right. Thank you very much. I'm sorry we couldn't accommodate more than that, but hopefully that'll be enough to at least give you a little bit more time to come before us. Okay. All right. Thank you.

Thank you for that.

DO WE HAVE ANY OTHER FURTHER DISCUSSION? WE HAVE THE MEETING MINUTES. HAS EVERYONE HAD A CHANCE TO REVIEW THE MINUTES?

DO I HAVE A MOTION ON THE MINUTES?

I move to accept it. Do I have a second? All right. All in favor say aye. All opposed say nay. Aye. Ayes have it. Thank you very much. No further discussion. Do I have a motion to adjourn?

Motion to adjourn.

Do I have a second? So moved. All right. All in favor say aye. All opposed say nay. Aye. Ayes have it. Thank you very much.