MINUTES

CODE ENFORCEMENT BOARD REGULAR MEETING

Miami Shores Village

May 1, 2003

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 1, 2003, 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

                                    Robert Vickers

                                    Manny Quiroga

           

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

                                    Anthony Flores, Code Enforcement Officer

                                    Richard Sarafan, Village Attorney

                                    Irene M. Fajardo, Administrative Assistant.

                                   

ABSENT:                    Rod Buenconsejo

Hillary Graver, Code Enforcement Officer (Maternity Leave)

 

1. A)    APRIL 3, 2003 MINUTES:

 

Mr. Quiroga made a motion to approve the April 3, 2003, minutes with the amended corrections.  Mr. Perl seconded the motion.  The vote was unanimous in favor.

 

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, Anthony Flores, testified that a violation still existed on the property.  Pictures were submitted to the Board as evidence of the violation.  The attorney, Bruce Wiles, and the property owner, Rey Gomez, were there to present the case.  Mr. Wiles requested a continuance since Mr. Gomez stated that he missed the Planning and Zoning meeting because he was never informed to attend.  Mr. Berg confirmed that Mr. Gomez was informed of the meeting.  Mr. Berg explained to Mr. Gomez that he would be placed on the agenda for the next Planning and Zoning agenda to try to obtain color approval.  Mr. Berg requested a finding of fact that would give Mr. Gomez time to attend the Planning and Zoning meeting and have time to repaint the house if the color does not get approved.

 

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 June 5, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by June 5, 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. Quiroga seconded the motion.  Motion passed 6-0.

 

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.

 

Al Berg 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. Quiroga seconded the motion.  Motion passed 6-0.

 

3.C)     PENALTY HEARINGS

 

Case #: 2002-02953, 2954

Owner: Carlos Diaz

Address: 9740 N. Miami Ave.

 

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 June 5, 2003. 

 

After further discussion, Mr. Quiroga made a motion to continue the case until the following meeting on June 5, 2003.  Mr. Vickers seconded the motion.  Motion passed 6-0.

 

Case #: 2003-03610, 3611

Owner: Joseph Mondragon and Luisa Var

Address: 9118 N. Miami Ave.

 

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 June 5, 2003.

After further discussion from the Board, Mr. Perl made a motion to continue the case until June 5, 2003.  Mr. Quiroga seconded the motion.  Motion passed 6-0.

 

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 May 1, 2003, meeting of the Code Enforcement Board was adjourned at 7:15 P.M.

 

 

           

                                                                              ____________________________________

                                                                              Mr. Barry Asmus, Chairman

________________________________

Irene M. Fajardo, Recording Secretary