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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.
1. A)
Summary
Adjudication:
Case #’s: 2002-03456, 2003-03590, 2003-03591, 2003-03675, 2003-03684, 2003-03685, 2003-03706,2003-03724, 2003-03765.
Chairman
Asmus read each case and address into the record and
asked if anyone was present. No one was
present.
The
officer,
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 7-0.
2.B) PENALTY
HEARINGS
Summary
Adjudication: Case #’s: 2003-03515, 2003-03610, 2003-03611
Mr. Busta 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 7-0.
3.C) REQUEST
FOR RELIEF
Case#’s: 407,
408
Owner:
Maria
Address:
185 NW 102 St.
The
property owner, Maria Del C Tolentino, was there to
present her case. Ms. Tolentino explained that she was requesting a refund of $5,080.00
since she had already paid the full lien amount of $5,580.00. The Board inquired about the length of time
it took to bring the property into compliance.
Ms. Tolentino explained that she did not speak
or read English at the time and so she ignored the notices. After several notices, she finally had her
son translate them and she immediately brought the property into
compliance. After a brief discussion,
Mr. Patnick made a motion to deny the refund request
of $5,080.00. Mr. Perl
seconded the motion. Motion passed 7-0.
Case#’s: 1336,
1338, 1339, 1340, 1341, 1777, 1779.
Owner:
Rosemarie Brutus
Address:
10401 NW 2 Ave.
The
property owner, Rosemarie Brutus, was there to present the case. Ms. Brutus explained that she came into
compliance immediately after receiving the notices and thought that the cases
had been closed by officer, Ernst Louis.
She also explained that the notices were not addressed to her name but
instead, to a woman named Carol Washington Blackwood. After a few questions from the Board, Ms.
Brutus stated that Ms. Blackwood was her sister who lived in the property with
her during the time the notices were sent.
Ms. Brutus offered to pay $5,000.00 from the original lien amount of
$72, 825.00. After further discussion
from the Board, Mr. Patnick made a motion to approve
the $5,00.00 payable in thirty days or the lien
reverts back to the original amount of $72, 825.00. Mr. Busta seconded
the motion. Motion failed 2-5. (Mr. Perl, Mr. Quiroga, Mr. Vickers, Mr. Buenconsejo,
and Mr. Asmus voted no).
Case#’s: 1207,
1440, 1575, 1577, 2211
Owner:
US Investment Solutions Inc.
Address:
1235 NE 93 St.
Nicolas
Camino was there representing US Investments.
Mr. Camino 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. The Code Enforcement Director, Mr. Berg, recommended the offer of
$1,000.00 since the applicant had rectified all the violations and beautified
the property after being abandoned by the previous owners. The property had come for Request for Relief
at the
After
further discussion, Mr. Perl made the same motion to
accept $5,000.00 payable in 30 days or the lien reverts back to the original amount
of $75,550.00. Mr. Vickers seconded the
motion. Motion passed 5-2. (Mr. Quiroga and Mr. Asmus voted no).
Case#:
02626
Owner:
Suzanne Sponder
Address:
160 NE 102 St.
The
property owner, Suzanne Sponder, was there to present
the case. Ms. Sponder
apologized for taking a long time to bring the property into compliance. She explained that she was going through a
divorce at the time and things “Got lost in the shuffle.”
After
further discussion from the Board, Mr. Vickers made a motion to accept the
offer of $836.50 payable in fourteen days or the lien reverts back to the
original amount of $8,365.00. Mr. Busta seconded the motion.
Motion passed 4-3. (Mr. Perl, Mr. Asmus, Mr. Buenconsejo voted no).
Case#:
3007
Owner:
Robert Emmerling
Address:
285 NE 98 St.
The
property owner, Robert Emmerling, was there to
present the case. Mr. Emmerling explained the nature of the violation and stated
that he obtained a permit to paint the roof but that he did not inform the
officer that he was in compliance. Mr. Emmerling thought that once the permit was approved the
case would be closed. Mr. Emmerling submitted evidence to the Board showing the
permit approval.
After
further discussion, Mr. Patnick made a motion to
accept the offer of $300.00 payable in 7 days or the lien reverts back to the
original amount of $2,750.00. Mr. Perl seconded the motion.
Motion passed 6-1. (Mr. Asmus voted no.
Case#’s: 94,
957, 903
Owner:
Alix Faustin
Address:
201 NW 103 St.
The
owner, Alex Faustin, was there to present the
case. Mr. Faustin
explained the reasons why it took him a long time to come into compliance. Mr. Faustin has
filed for Request for Relief several times.
Mr. Faustin stated that he wanted to make a
new offer of $1,500.00 in order to release the lien. After further discussion from the Board, Mr. Patnick made a motion to accept the offer of $1,500.00 or
the lien reverts back to the original amount of $33,300.00.
Mr. Busta seconded the motion.
Motion failed 3-4. (Mr. Perl, Mr. Vickers, Mr. Quiroga,
and Mr. Asmus voted no).
Case#
2000-01289
Owner:
Evelyn Wright
Address:
101 NW 100 St.
The
property owner, Evelyn Wright, was there to present the case. Ms. Wright came to requested
a refund of $3,765.00 after paying the full lien amount of $4,015.00 in order
to obtain release. Ms. Wright explained
the reasons why it took a long time to bring the property into compliance. Ms. Wright stated that she thought they had
received an extension to cure the violation.
Evidence in the file showed that the owner was given several extensions,
but she came into compliance after the deadline of the last extension had
expired.
After
further discussion, Mr. Perl made a motion to deny
the refund request of $3,765.00. Mr. Quiroga seconded the motion. Motion passed 6-1. (Mr. Buenconsejo
voted no).
Address:
11016 NW 2 Ave.
Owner:
The
Village Attorney, Richard Sarafan, presented the request made by Sharin Swain, Chief Counsel for the US Dept. of Housing and
Urban Development. Mr. Sarafan explained
that the property is a vacant lot that is being transferred to
After
further discussion, Mr. Quiroga made a motion to
release the liens imposed on the property.
Mr. Buenconsejo seconded the motion. Motion passed 5-2. (Mr. Perl and Mr. Asmus voted no).
4.D) NEW
BUSINESS
The
Board discussed the issue of keeping their own properties in compliance since
they are setting an example to the Village.
The
Chairman, Mr. Asmus, made the announcement that he
was stepping down from the Chairman position.
He wanted to thank all the Board members for their support and requested
nominations for the new Chairman and new Vice Chairman positions.
Mr. Patnick made a motion to nominate Mr. Vickers as
Chairman. Mr. Quiroga
seconded the motion. Mr. Perl made a motion to nominate himself as chairman. Mr. Buenconsejo
seconded the motion. A roll vote was
taken and the motion passed 5-2 in favor of Mr. Perl
as Chairman.
Mr. Buenconsejo made a motion to nominate Mr. Vickers for the
Vice Chairman position. Mr. Patnick seconded the motion. Motion passed 7-0.
5.E)
ADJOURNMENT
Mr. Quiroga made a motion for adjournment. Mr. Buenconsejo
seconded the motion. Motion passed 7-0. The
____________________________________
Mr. Barry Asmus,
Chairman
________________________________
Irene
M. Fajardo, Recording Secretary