MINUTES

CODE ENFORCEMENT BOARD REGULAR MEETING

Miami Shores Village

January 02, 2003

 

 

The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday January 02, 2003, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman Barry Asmus.

 

 

PRESENT:                   Barry Asmus, Chairman

                                    Barry Perl

                                    John Patnick

                                    John Busta

                                    Rod Buenconsejo                                

           

ALSO PRESENT:       Al Berg, Code Enforcement and Planning and Zoning Director

                                    Richard Trumble, Code Enforcement Supervisor

                                    Anthony Flores, Code Enforcement Officer

                                    Hillary Graver, Code Enforcement Officer

                                    Richard Sarafan, Village Attorney

                                    Irene M. Fajardo, Administrative Assistant.

                                   

ABSENT:                    Robert Vickers

                                    Manny Quiroga

 

1.A)     NOVEMBER 7, 2002 MINUTES:

           

Mr. Busta made a motion to approve the October 3, 2002 minutes.  Mr. Perl seconded the motion.  The vote was unanimous in favor.

 

 

2.B)     FIRST HEARINGS

 

Case No: 2002-03241             Owner:             Gertha Lalanne and Farrere Dyer

                                                Address:           38 NW 108 St.

                                                Section:            13-1; Inoperable vehicle on premises.

 

 

The officer, Anthony Flores, testified that a violation still existed on the property.  Pictures were submitted to the Board as evidence of the violation.  The property owner, Mr. Dyer, was there to offer testimony on his case. He explained that his intentions were to remove the vehicles, but that one of them had a lien on the title.  The Board asked questions in regards to the expired tags on the vehicles.  The owner explained that he would place current tags on the vehicles.  The Board inquired about what the owner was going to do about the lien on the title.  He explained his efforts in trying to resolve the issue of the vehicle that has the lien on the title.  After further

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discussion from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 of the Miami Shores Village Code.  The violator shall correct the violation in fifteen(15) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed in fifteen(15) days, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $25.00 a day, per vehicle, starting on  the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date.  Mr. Buenconsejo seconded the motion.  Motion passed 5-0.


 

Case No: 2002-02962             Owner:             Antoni and Rhona Charles

                                                Address:           265 NW 92 St.

                                                Section:            12-133; Unsightly fascia, soffit, house exterior.

 

 

The officer, Hillary Graver, testified that a violation still existed on the property.  Pictures were submitted to the Board as evidence of the violation.  The property owner, Rhona Charles, was there to offer testimony on her case.  Mrs. Charles explained the she obtained roof estimates, but that she did not have the money to fix the roof yet.  The Board explained that pressure cleaning the roof would satisfy the violation.  The owner explained that the roof was leaking and therefore, she was afraid to pressure clean.  She then stated that she would try to pressure clean very carefully, in order to bring the property into compliance.  After further discussion from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 of the Miami Shores Village Code.  The violator shall correct the violation in thirty(30) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed in thirty(30) days, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $25.00 a day starting on  the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date.  Mr. Buenconsejo seconded the motion.  Motion passed 5-0.

 

Summary Adjudication:

 

Cases: 2002-02959, 2974, 2984, 3100, 3106, 3211, 3220, 3238, 3239, 3242, 3268, 3271, 3275, 3291, 3333, 3341, 3440.

 

Chairman Asmus read each case and address into the record and asked if anyone was present.  No one was present.

 

Richard Trumble testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files.

 

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Mr. Busta made a motion for a 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 case, the offending party will correct the violation within the time period specified by the staff in the staff recommendations for these hearings, and will 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 periods, the code enforcement officer may report this 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 lean on the property of the violator.  Further, with respect to each of the cases, 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.  Mr. Buenconsejo seconded the motion.  Motion passed 5-0.

 

3.C)     PENALTY HEARINGS

 

Summary Adjudication:  Cases: 2002- 02903, 02932, 2935, 3007, 3063.

 

Mr. Buenconsejo moved for a 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 case, the offending party shall correct the violation within the time period specified by the staff in the Staff recommendations for these hearings, and shall 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 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 lean on the property of the violator.  Further, with respect to each 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.  Mr. Perl seconded the motion.  Motion passed 5-0.

 

 

3.C)     REQUEST FOR RELIEF

 

Case No: 2000-02402                         Owner:             Shelton Hill

                                                            Address:           123 NW 102 St..

 

The property owner, Shelton Hill, was there to offer testimony on the case.  Mr. Shelton explained why it took a long time to bring the property into compliance.  The owners paid the total lien amount of $4, 690.00 and were asking for a return of that money.  Mr. Patnick made a

 

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motion to accept the offer of $500.00 subject to the Village Manager’s approval.   Mr. Buenconsejo seconded the motion.  Motion passed 3-2.  Mr. Asmus and Mr. Perl voted no.

 

Case No: 2000-00623                         Owner:             Marie Baptiste

                                                            Address:           269 NE 103 St.

 

The property owner, Marie Baptiste, was there to offer testimony on the case.  Ms. Baptiste explained why she had taken so long to come into compliance.  A copy of the permit was submitted to the Board as evidence of compliance.  After further discussion from the Board, Mr. Perl made a motion to accept the offer of $500.00 payable within 30 days or the lien reverts back to the original amount.  Mr. Buenconsejo seconded the motion.  Motion passed 3-2.  Mr. Asmus and Mr. Patnick voted no.

 

Case No: 2000-00782, 783                 Owner:             Henry Volpe

                                                            Address:           36 NW 101 St.

 

The property owner, Henry Volpe, was there to offer testimony on his case.  Mr. Volpe explained the reasons why it took a long time to bring the property into compliance.  He stated that the notices were send to the previous owner and that he never received them.  Mr. Volpe amended his offer to $500.00.  After further discussion, Mr. Perl made a motion to accept the offer of $500.00 payable within 30 days or the lien reverts back to the original amount.  Mr. Buenconsejo seconded the motion.  Motion passed 4-1.  Mr. Asmus voted no. 

 

Case No: 2000-00359, 2054               Owner:             Marcella Gressi

                2055                                    Address:           66 NW 107 St.

 

The owner, Marcela Gressi, and her attorney, Daniel Jonas, were there to offer testimony on the case.  Ms. Gressi had previously made an offer of $6973.50, which was not paid in the time specified by the Board.  After further discussion from the Board, Mr. Buenconsejo made a motion to accept the previous offer of $6,9735.00 payable within 30 days, or the lien reverts back to the original amount.  Mr. Perl seconded the motion.  Motion passed 4-1.  Mr. Asmus, voted no. 

 

Case No: 4952, 4953, 4954                 Owner:             Ximena Johnson

                5349, 5355                          Address:           5 NE 105 St.

 

The owner, Ximena Johnson, was there to offer testimony on her case.  Ms. Johnson has come before the Board for Request for relief several times before.  She made an offer of $5,000.00 of the total lien amount of $173, 672.99.  After further discussion from The Board, Mr. Patnick made a motion to deny the offer of $5,000.00.  Mr. Busta seconded the motion.  Motion passed 5-0. 

 

 

 

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Case No: 2000-01956                         Owner:             Colin Morris           

                                                            Address:           1066 NE 94 St.

 

The owner, Colin Morris, was there to offer testimony on her case.  Mr. Morris explained the reasons why it took him so long to bring the property into compliance and stated that he was not aware of the procedures in regards to placing liens.  After further discussion, Mr. Perl made a motion to accept the offer of $500.00 payable within 15 days or the lien reverts back to the original amount.  Mr. Buenconsejo seconded the motion.  Motion passed 4-1.  Mr. Asmus voted no.

 

Case No.: 7814, 7815, 7816                Owner:             Junon Salomon

                                                            Address:           61 NE 93 St.

 

The owner, Junon Salomon and his nephew, were there to offer testimony on the case. Mr. Salomon’s nephew explained that his uncle had a stroke and therefore, could not bring the property into compliance in a timely manner.  After further discussion, Mr. Buenconsejo made a motion to accept an offer of $8,500 00 payable in 30 days or the lien reverts back to the original amount.  Mr. Busta seconded the motion.  Motion passed 3-2.  Mr. Patnick and Mr. Asmus voted no.

 

Case No.: 6963, 6964, 7680                Owner:             Andre Sylvain         

                 8954, 8955, 8958               Address:           42 NW 107 St.

 

The property owner, Andre Sylvain and his attorney Aileen Raigman were there to offer testimony on the case.  Ms. Raigman explained why the property took a long time to come into compliance.  She explained that Mr. Sylvain was old and had financial difficulties.  She also stated that he had no one to call for help.  After further discussion, Mr. Perl made a motion to accept the offer of $5,800.00 payable in 30 days or the lien reverts back to the original amount.  Mr. Buenconsejo seconded the motion.  Motion passed 3-2.  Mr. Patnick and Mr. Asmus voted no.

 

4.D)     ADJOURNMENT:

 

Mr. Perl made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 5-0.  The January 2, 2003, meeting of the Code Enforcement Board was adjourned at 8:30 P.M.

 

           

                                                                                    ____________________________________

                                                                                    Mr. Barry Asmus, Chairman

________________________________

Irene M. Fajardo, Recording Secretary