MINUTES

CODE ENFORCEMENT BOARD REGULAR MEETING

Miami Shores Village

March 6, 2003

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 6, 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

Robert Vickers

Manny Quiroga (Left at 7:10 P.M.)

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

Richard Trumble, Code Enforcement Supervisor

Anthony Flores, Code Enforcement Officer

Richard Sarafan, Village Attorney

Irene M. Fajardo, Administrative Assistant.

ABSENT: Hillary Graver, Code Enforcement Officer (Maternity Leave)

1. A) FEBRUARY 6, 2003 MINUTES:

Mr. Perl made a motion to approve the February 6, 2003, minutes with the amended corrections. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor.

2.B) FIRST HEARINGS

Case No: 2002-03488 Owners: Henry Vidal

Address: 349 NE 99 St.

Section: 521(b) 1(a); Unlawful loose material

The officer, Anthony Flores, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Henry Vidal, and his attorney, Adam Abrams, were there to offer testimony on the case. The owner and the attorney wanted to dispute the violation. Mr. Abrams asked Officer Flores questions in regards to the case. Mr. Abrams stated that the property was bought with the existing condition. Mr. Abrams’ argument was that the gravel on the property was a pre-existing use before the code changed. Mr. Abrams stated that the gravel was never replaced by the owner after he purchased the property. The property owner, Henry Vidal, submitted pictures to the

Board as evidence that the gravel driveway existed on the property for many years. Evidence in the file was submitted to the Board by staff showing concrete ribbons in the blue prints of the property. A permit was never pulled for the concrete ribbons.

Mr. Perl made a motion to dismiss the case. Mr. Patnick seconded the motion. A roll vote was taken and the motion failed to carry 2-5. After further discussion, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 521(b)1(a) of the Miami Shores Village Code. The violator shall correct the violation by April 3, 2003, and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by April 3, 2003, 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 6-1. Mr. Perl voted no.

Case No: 2002-03404 Owners: Ann Waters/Anne McCoy

Address: 126 NW 98 St.

Section: 537; Landscaping design and maintenance

The Supervisor, Richard Trumble, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Ann McCoy, was there to offer testimony on the case. Ms. McCoy disputed the violation and asked questions to Richard Trumble in regards to the case. She submitted copies of letters written to the Code Enforcement Dept. Director in regards to the case and pictures of different properties that had, what she considered, to be dead grass. Ms. McCoy stated that the grass on her property was not deteriorated. She then proceeded to explain the status of her yard and the required maintenance needs. She requested that her case be dismissed since she was not in violation of the code. The Board reviewed the pictures submitted by staff and by the property owner. Mr. Perl read Section 537 of the Miami Shores Village code to clarify what the owner was cited for.

After further discussion from the Board, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Sections 537 of the Miami Shores Village Code. The violator shall correct the violation by April 3, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by April 3, 2003, 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 7-0.

Case No: 2002-03057 Owners: David B. Wright and Mary Ellen Ahearn

Address: 299 NE 99 St.

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

The officer, Anthony Flores, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, David Wright, was there to offer testimony on the case. Mr. Wright’s case was continued from the previous meeting in order for him to prove that the tiles on the roof were Cuban barrel tiles. Mr. Wright did not submit any evidence to support that argument. He agreed that a violation existed on the property and explained that he did not come into compliance in a timely manner due to the sensitive condition of the roof. Mr. Wright submitted pictures to the Board showing evidence of cracks on the roof’s tiles after attempting to clean. He requested to be excused from cleaning the roof in order to preserve it, or have additional time to come 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 Bldg. Section 12-133 of the Miami Shores Village Code. The violator shall correct the violation by May 1, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by May 1, 2003, 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 6-1. Mr. Vickers voted no.

Case No: 2002-03418 Owners: Anthony and Kimberly Hynes

Address: 302 NE 100 St.

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

The officer, Anthony Flores, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Anthony Hynes, was there to offer testimony on the case. Mr. Hynes agreed that a violation existed on the property and requested additional time for compliance.

After further discussion from the Board, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Bldg. Section 12-133 of the Miami Shores Village Code. The violator shall correct the violation by May 1, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by May 1, 2003, 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 6-0. Mr.

Case No: 2002-02953 Owners: Carlos Diaz

Address: 9740 N. Miami Ave.

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

Bldg. 12-128; Weather/water tight structures

12-132; Damaged screen, windows, and doors

The Supervisor, Richard Trumble, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The future property owner, Carlos Diaz, was there to offer testimony on the case. Mr. Diaz agreed that a violation existed on the property. He explained that the house caught fire and requested additional time for 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 Bldg. Section 12-133, 12-132, 12-128 of the Miami Shores Village Code. The violator shall correct the violation by May 1, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.

If compliance is not completed by May 1, 2003, 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. Vickers seconded the motion. Motion passed 6-0.

Summary Adjudication:

Cases: 2002-03303, 3321, 3322, 3389, 3397, 3486, 3533, 3553, 3559, 3567, 3570, 3577, 3592, 3605, 3606.

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.

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 6-0.

3. C) PENALTY HEARINGS

Case No: 2002-02959 Owner: Hortensia Cardona Hunter

Address: 9417 NE 9 Ave.

The officer, Anthony Flores, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, William Hunter, was there to offer testimony on the case. Mr. Hunter’s case was continued from the previous meeting. Mr. Hunter explained that the carport has been on the property since he was a child, around 1952. He submitted pictures from 1956 showing the existing carport and submitted a letter from a neighbor testifying that the carport has been there for many years. Mr. Hunter explained that the code was changed after the existence of the carport.

After a brief discussion, Mr. Busta made a motion to dismiss the case. Mr. Vickers seconded the motion. Motion passed 5-1. Mr. Asmus voted no.

Summary Adjudication: Cases: 2002- 03158, 3331, 3348, 3376, 3457.

Mr. Vickers 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. Buenconsejo seconded the motion. Motion passed 6-0.

Richard Trumble testified that affidavits of non-compliance existed in the files.

3.C) REQUEST FOR RELIEF

Case No: 2000-00809 Owner: Luis Aparicio

2000-02915 Address: 199 NW 93 St.

The property owner, Luis Aparicio, was there to offer testimony on the case. Mr. Aparicio explained that he was not aware of the violation when he purchased the property but that he

came into compliance immediately after. After further discussion from the Board, Mr. Perl made a motion to accept the offer of $940.00 payable within 10 days or the lien reverts back to the original amount of $2,790.00. Mr. Vickers seconded the motion. Motion failed 2-4. (Mr. Asmus, Mr. Quiroga, Mr. Busta, Mr. Patnick voted no).

Case No: 2000-00502 Owner: Mr. and Mrs. Barroso

Address: 1625 NE 104 St.

The owner, Mrs. Barroso, and her attorney, R. Bryson, were there to offer testimony on the case.

Mrs. Barroso explained that she was not aware of the violation until she tried to refinance the property, but that she came into compliance immediately after being informed. After further discussion from the Board, Mr. Vickers made a motion to accept the owner’s new offer of $4,000.00 payable within 15 days or the lien reverts back to the original amount of $20,830.00. Mr. Vickers seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).

Case No: 2000-00094 Owner: Alix Faustin

2000-00903 Address: 1625 NE 104 St.

2000-00957

The owner, Alix Faustin, was there to offer testimony on his case. Mr. Faustin stated that he

never received notice of the violation. Mr. Faustin explained that a person named Desir Lauren

was also the owner of the property during the time the violation was in effect. After further discussion from the Board, Mr. Patnick made a motion to deny the offer of $200.00. The lien will revert back to the original amount of $33,345. Mr. Buenconsejo seconded the motion. Motion passed 5-1. (Mr. Asmus voted no.)

Case No: 2597 Owner: Tina Portner

Address: 870 NE 92 St.

The owner, Tina Portner, was there to offer testimony in her case. Ms. Portner stated that she was not aware that a lien had been placed on the property. She had to pay a double fee and penalty for a permit at the Building Dept. and assumed that by paying the penalty and obtaining the permit, she was bringing the property into compliance. After further discussion from the Board, Mr. Perl made a motion to accept the offer of $325.00 payable within 10 days or the lien reverts back to the original amount of $1,365.00. Mr. Buenconsejo seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).

Case No: 2562 Owner: Marvin Martinez

Address: 174 NW 95 St.

The owner, Marvin Martinez, was there to offer testimony on his case. Mr. Martinez stated that he did not own the house at the time that the property was cited. Notices were sent to the old owner. After further discussion from the Board, Mr. Perl made a motion to accept the offer of

$800.00 payable within two calendar weeks or the lien reverts back to the original amount of $7,475.00. Mr. Vickers seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).

Case No” 2335 Owner: Joe Davitz

Address: 1120 NE 100 St.

The owner, Joe Davits, was there to offer testimony on his case. Mr. Davitz stated that he was not aware that lien existed on the property but that he wanted the matter to be resolved. After further discussion from the Board, Mr. Perl made a motion to accept the offer of $350.00 payable in 10 days or the lien reverts back to the original amount of $1,365.00. Mr. Buenconsejo seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).

Case No: 2736 Owner: Jose Zubero

Address: 855 NE 91 Terr.

The owner, Jose Zubero, was there to offer testimony on his case. Mr. Zubero explained the reasons why he took a long time to come into compliance. He maintained contact with the officer in regards to the case. After further discussion from the Board, Mr. Buenconsejo made a motion to accept the offer of $1,000.00 payable in 10 days or the lien reverts back to the original amount of $5,440.00. Mr. Vickers seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).

Case No: 1650 Owner: Heidi Carr

150 NE 111 St.

The owner, Heidi Carr, was there to offer testimony on her case. Ms. Carr stated that she thought the violation was cured in a timely manner. She was not aware that a lien had accumulated on her property. Ms. Carr stated that she had maintained contact with the officer. Evidence in the file showed that it was an old case. After further discussion from the Board, Mr. Perl made a motion to accept the offer of $1,100.00 payable by April 17, 2003 or the lien reverts back to the original amount of $5,550.00. Mr. Vickers seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).

4.D) ADJOURNMENT:

Mr. Buenconsejo made a motion for adjournment. Mr. Busta seconded the motion. Motion passed 6-0. The March 6, 2003, meeting of the Code Enforcement Board was adjourned at 10:00 P.M.

____________________________________

Mr. Barry Asmus, Chairman

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Irene M. Fajardo, Recording Secretary