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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
The
regular meeting of the Miami Shores Village Code Enforcement Board was held on
PRESENT: Barry Asmus,
Chairman
Barry Perl
John Patnick
John Busta
Robert
Vickers
Manny Quiroga
ALSO
PRESENT:
Richard
Sarafan, Village Attorney
Irene M.
Fajardo, Administrative Assistant.
ABSENT: Rod Buenconsejo
Hillary Graver, Code Enforcement Officer
(Maternity Leave)
1. A)
Mr. Quiroga made a motion to approve the
2.B) FIRST HEARING
Case #: 2003-03699
Owner: Rey Gomez
Address: 1173 NE 104 St
Violation: Sec. Bldg. 6-4. Unauthorized construction and
alteration
The officer,
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 6-4 of the Miami Shores Village Code.
The violator shall correct the violation by
Summary
Adjudication:
Case #’s: 2002-03260, 2003-03515, 2003-03705, 2003-03722
Chairman
Asmus read each case and address into the record and
asked if anyone was present. No one was
present.
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. Quiroga
seconded the motion. Motion passed 6-0.
3.C) PENALTY
HEARINGS
Case #: 2002-02953, 2954
Owner: Carlos Diaz
Address:
The owner Carlos Diaz was there
to present the case. He explained that
the boards on the window were temporary until the permit gets approved for the
new windows. Mr. Diaz had windows
specially ordered with the intent of matching the original windows on the
house. The order already arrived and he
is waiting for the permit approval. Mr.
Diaz requested a continuance until
After further discussion, Mr. Quiroga made a motion to continue the case until the
following meeting on
Case #: 2003-03610, 3611
Owner: Joseph Mondragon and Luisa Var
Address:
The owner Joseph Mondragon was there to present the case. Mr. Mondragon
explained why it had taken so long to bring the property into compliance. He stated that he wanted to bring the
property to its original configuration by removing all the work that was done
without a permit. Mr. Mondragon requested a continuance until
After further discussion from the
Board, Mr. Perl made a motion to continue the case
until
Summary
Adjudication: Case #’s: 2002-03398, 2002-03488, 2003-03553,
2003-03585, 2003-03605, 2003-03643
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. Quiroga seconded the motion. Motion passed 6-0.
4.D) REQUEST
FOR RELIEF
Case
#: 3457
Owner:
Marcello Maselli
Address:
150 NE 107 St.
The property
owner Marcello Maselli was there to present the
case. Mr. Maselli
explained why it took a long time to bring the property into compliance. Evidence in the file showed that Mr. Maselli paid the entire lien amount of $1,725.00. He was there to request a refund of $1,425.00. After further discussion, Mr. Perl made a motion to approve the refund of $1,425.00 with
the approval of the Village Manager. Mr.
Quiroga seconded the motion. Motion passed 4-2. (Mr. Vickers and Mr. Asmus voting no).
Case
#: 1991
Owner:
Javan Thompson
Address:
30 NE 97 St
The
property owner Javan Thompson was there to present
the case. Mr. Thompson stated that he
never received notice of the violation and explained why it took him a long
time to bring the property into compliance.
Evidence in the file showed that a green card was signed and that
affidavits of posting were placed on the door.
The actual lien amount is $12,115.00.
Mr. Thompson offered to pay $1,000.00 to release the lien. After further discussion, Mr. Patnick made a motion to deny the offer of $1,000.00. Mr. Perl seconded
the motion. Motion passed 6-0.
Case
#’s: 1207, 1440, 1575, 1577, 2211
Owner:
US Investment Solutions Inc.
Address:
1235 NE 93 St.
Attorney
Stuart Lipson was there representing US Investments and presenting the
case. Mr. Lipson explained that the
property was bought in foreclosure but that they are still requesting release
from the lien because they are selling the property. The current owner of the property explained
that he came into compliance as soon as he became aware of the lien.
After
further discussion, Mr. Perl made a motion to accept
$5,000.00 payable in 30 days or the lien reverts back to the original amount of
$75,550.00. Mr. Patnick
seconded the motion. Motion failed 3-3. (Mr. Quiroga, Mr. Vickers, and Mr. Asmus voting no).
5.E) NEW
BUSINESS
Mr. Quiroga stated that he wanted the names of any council
members that attend the Code Enforcement meeting to be included in the
minutes.
6.F)
ADJOURNMENT
Mr. Quiroga made a motion for adjournment. Mr. Perl seconded
the motion. Motion passed 6-0. The
____________________________________
Mr. Barry Asmus,
Chairman
________________________________
Irene
M. Fajardo, Recording Secretary