MINUTES

CODE ENFORCEMENT BOARD REGULAR MEETING

Miami Shores Village

August 7, 2003

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 7, 2003, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman Barry Perl.

PRESENT: Barry Perl, Chairman

Barry Asmus

John Patnick

Robert Vickers

Manny Quiroga

Rod Buenconsejo

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

Anthony Flores, Code Enforcement Officer

Hillary Graver, Code Enforcement Officer

Richard Sarafan, Village Attorney

Irene M. Fajardo, Administrative Assistant.

ABSENT: John Busta

1. A) JUNE 5, 2003 MINUTES:

Mr. Quiroga made a motion to approve the June 5, 2003, minutes with the amended corrections. Mr. Asmus seconded the motion. The vote was unanimous in favor.

2. B) FIRST HEARING

Case #: 2003-03925

Owner: Eleanor Mitchell

Address: 455 NE 91 St.

Violation: Sec. Bldg. 12-133. Unsightly fascia, soffit, and house exterior

Bldg. 12-128. Water/water tight structures

12-103. Hazardous conditions.

The officer, Hillary Graver, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. A bankruptcy lawyer, Patricia Redman, was there to represent the owner. The owner, Eleanor Mitchell was also present. Ms. Redman explained that the owner filed for bankruptcy. She requested additional time to contact the insurance company who will be paying for the roof repairs. The Board inquired about the roof’s condition. The officer explained that the Building official of Miami Shores Village declared it to be an unsafe structure. Ms. Redman explained that without the insurance money, the owner could not afford to re-roof the house.

After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Sections 12-103, 12-133, 12-128, of the Miami Shores Village Code. The violator shall correct the violation by November 06, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by November 06, 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. Asmus seconded the motion. Motion passed 6-0.

Case #: 2003-03784, 3785

Owner: Mr. Mulaite

Address: 229 NW 111 Terr.

Violation: Sec. 20-17;520(i). Failure to maintain parkway

521(b) 1d. Parking on the grass

The officer, Anthony Flores, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. Mr. Mulaite wanted to dispute the violations. He explained that the tenants did not inform him of the violations and when they did, it took a longer period of time to comply than what he expected. The property owner obtained a permit for a driveway on July 29, 2003. He is doing the work himself. Mr. Mulaite requested additional time for compliance.

After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Sections 20-17;520(i), 521(b)(1)d, of the Miami Shores Village Code. The violator shall correct the violation by September 4, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by September 4, 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, per case, starting on the date of original compliance given in the Notices of Violation. This will constitute liens 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.

Case #: 2003-03964

Owner: Charles and Georgette Kluck

Address: 9701 NE 5 Ave Rd.

Violation: Sec. Blgd. 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. Mr. Berg explained the nature of the violation and the site conditions. The property owner, Georgette Kluck, was there to present her case. Mrs. Kluck explained that she will be going to the Planning and Zoning meeting to try to obtain approval for the fence in question. She also explained that she thought that the area where the four foot fence is located is her backyard. Mr. Berg explained the zoning of the property and where the back-yard, the front yard, and the side yard are located in the property. He stated that the area where the fence is located is her front yard and that the fence should have a height limit of 3 ½ feet. The Board reviewed that evidence presented by Mr. Berg.

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 6-4, of the Miami Shores Village Code. The violator shall correct the violation by September 4, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by September 4, 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. Asmus seconded the motion. Motion passed 5-1. Mr. Quiroga voted no.

Case #: 2003-03816

Owner: Gerard and Elza Derisma

Address: 325 NW 111 Terr.

Violation: Sec. Blgd. 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. Officer Flores explained the Mr. Lubien had approved a lighter color than the one used by the resident. The property owner, Mrs. Derisma, was there to present her case. Mrs. Derisma explained that she used the same color that Mr. Lubien approved in the past, and that the permit did not have an expiration date. The Board inquired about the color and the past approved permit. The permit was submitted to the Board as evidence. The Board explained that permits last for six months and that after the six months, the resident must renew the permit.

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 6-4, of the Miami Shores Village Code. The violator shall correct the violation by September 4, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by September 4, 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.

Summary Adjudication: Case #’s: 2002-03336, 2003-03580, 2003-03739, 2003-03740, 2003-03769, 2003-033811, 2003-03819, 2003-03849, 2003-03864, 2003-3865, 2003-3870, 2003-3874, 2003-03876, 2003-03888, 2003-3895, 003-03900, 2003-03903, 2003-03920, 2003-03926, 2003-03927.

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

The officer, Hillary Graver, testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files.

Mr. Vickers 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.

The following cases were heard after the summary of adjudication because the residents arrived late.

Case #: 2003-03841

Owner: Lyonel Noel and Anne Dorneza

Address: 43 NW 110 St.

Violation: Sec. 20-17; 520(i). Failure to maintain parkway.

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, Lyonel Noel, was there to present his case. Mr. Noel did not dispute the violation and explained that he will bring the property into compliance.

After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-17; 520(i), of the Miami Shores Village Code. The violator shall correct the violation by September 4, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by September 4, 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.

Case #: 2003-03877

Owner: Roosevelt Smith

Address: 9425 N. Miami Ave.

Violation: Sec. Bldg. 12-133. Unsightly fascia, soffit, and house exterior.

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, Mrs. Smith was there to present the case. Mr. Perl disclosed for the record that he knew the property owners. Mrs. Smith agreed that a violation existed and that she would bring the property into compliance.

After further discussion from the Board, Mr. Asmus 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 by September 4, 2003 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by September 4, 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.

3.C) PENALTY HEARINGS

Case #: 2003-03590, 3591

Owner: Melissa Ann Frantz

Address: 434 NE 102

The owner Melissa Frantz was there to present the case. Ms. Frantz did not dispute the violation and explained that she needed more time to bring the property into compliance. Evidence from the file showed that Ms. Frantz was given previous continuances.

After further discussion, Mr. Asmus moved for a summary adjudication of all such cases including Case #2003-03706, 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. Patnick seconded the motion. Motion passed 6-0.

Anthony Flores testified that affidavits of non-compliance existed in the files.

4.D) REQUEST FOR RELIEF

Case#: 6973, 6974, 6975

Owner: Lucienne Siverin

Address: 142 NW 100 St.

The property owner, Lucienne Siverin, was there to present her case. Ms. Lucienne disputed some of the violations and stated that she had brought them in compliance in a timely manner. The Board asked if she had contact the officer after compliance. Ms. Siverin stated that she did not contact the officer. The Board inquired about the violations, their deadlines for compliance, and the actual date on which they were closed. Ms. Siverin offered to pay $2,000.00 to release the lien amount of $26,140.00. After a brief discussion, Mr. Buenconsejo made a motion to approve the offer of $2,000.000 payable in 31 days or the lien will revert back to the original amount of $26,140.00. Mr. Buenconsejo seconded the motion. Motion passed 4-2. Mr. Asmus and Mr. Perl voted no.

Case#: 2000-01020

Owner: Agnes Bogozi

Address: 10380 NE 5 Ave.

Mr. Bogozi was there to present his case. Mr. Bogozi explained that he came into compliance in a timely manner. Evidence in the file showed that a permit was pulled on 07/20/01 but no final inspection was made. Mr. Bogozi stated that a final inspection was mad and therefore concluded that there were no further problems. Staff recommended for the fines to be reflected from the date of original compliance to 07/20/01, making the total lien amount to be $1,940.00 instead of $19, 375.00. Mr. Bogozi offered to pay $200.00 to release the total lien amount of $19, 375.00. After further discussion, Mr. Buenconsejo made a motion to accept the offer of $200.00 payable in seven days or the lien reverts back to the original amount of $19,375.00. Mr. Quiroga seconded the motion. Motion failed 2-4. Mr. Asmus, Mr. Perl, Mr. Vickers, and Mr. Patnick voted no.

Case#’s: 407, 408

Owner: Maria Del C Tolentino

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 new refund of $4,464.00. Mrs. Tolentino was present at the previous hearing on June 5, 2003, with a greater refund request. She 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. Vickers made a motion to approve the refund request of $4,464.00 with the approval of the Village Manager. Mr. Quiroga seconded the motion. Motion passed 5-1. 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 previous 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 May 1, 2003 meeting and at the June 5, 2003 meeting. The owner was asked by the Board to pay $5,000.00 in thirty days in order to release the lien. Mr. Camino did not pay the $5,000.00 and instead he raised his previous offer of $1,000.00 to $2,000.00

After further discussion, Mr. Quiroga made a motion to accept $2,000.00 payable in 10 days or the lien reverts back to the original amount of $75,550.00. Mr. Vickers seconded the motion. Motion passed 4-2. (Mr. Perl and Mr. Asmus voted no).

Case# 2000-02017

Owner: Richard Holmes

Address: 160 NW 99 St.

The property owner, Richard Homes was there to request a refund and present his case. Mr. Holmes explained that he painted the house in a timely manner; but that he did not know that he was suppose to report back to the officer to let him know that he was in compliance. A permit was submitted to the Board as evidence. Mr. Holmes paid the entire lien amount of $1,265.00 in order to release the lien and refinance his property. He filed a request for relief for a partial refund of $1,065.00. Officer Hillary Graver testified that Mr. Holmes came into compliance several days after the ordered compliance date. Mr. Holmes believed that pulling the paint permit would satisfy the violation. After a brief discussion, Mr. Buenconsejo made a motion to accept the refund of $1,065.00 from the original amount of $1,265.00 with the Village Manager’s approval. Mr. Vickers seconded the motion. Motion passed 5-1.

Case: 003-03515

Owner: Artles Michelle Fitts and Jim Beers

Address: 278 NE 97 St.

The property owner, Jim Beers, was there to present his case. Mr. Beers stated that he received the violation to clean the roof around the same time of Hurricane Floyd and Hurricane Irene. He explained that this is why he did not bring the property into compliance. The Company he hired could not do the job at that time. After bringing the property into compliance Mr. Beers thought that the case would be closed. He did not know that a lien had been placed on the property. No evidence in the file showed that Mr. Beers had contacted the officer for an inspection to close the case. The Board discussed the dates of compliance. Mr. Beers offered to pay $200.75 from the total lien amount of $8,030.00. After further discussion, Mr. Asmus made a motion to deny the offer. Mr. Buenconsejo seconded the motion. Motion passed 4-2. Mr. Perl and Mr. Quiroga voted no.

Case : 3625

Owner: Collete Mills

Address: 177 NW 93 St.

The property owner, Collete Mills, was there to present the case. Mr. Mills stated that he was not the only one with a violation in his street but that he was the only one that received a citation. Officer Hillary Graver confirmed that other properties around the neighborhood had also received citations. Mr. Mills offered to pay $1,200.00 to release the lien amount of $10,000.00. The Board discussed the dates of compliance. After a brief discussion, Mr. Buenconsejo made a motion to accept the offer payable in 30 days or the lien reverts back to the original amount of $10,000.00. Motion passed 4-2. Mr. Asmus and Mr. Perl voted no.

Case#’s: 1336, 1338, 1339, 1340, 1341, 1777, 1779.

Owner: Rosemarie Brutus

Address: 10401 NE 2 Ave.

The property owner, Rosemarie Brutus, was there to present the case. The attorney, Laura Martin Charles, was there to represent the owner and present the case. She explained that Ms. Brutus inherited all the violations from the previous owner and that all violations had been remedied. She also explained that Ms. Brutus did her best to bring the property into compliance in a timely manner. Ms. Brutus offered to pay $6,000.00 from the original lien amount of $72, 825.00. After further discussion from the Board, Mr. Vickers made a motion to approve the $6,000.00 payable in 45 days or the lien reverts back to the original amount of $72,825.00. Mr. Patnick seconded the motion. Motion passed 4-2. (Mr. Perl and Mr. Asmus voted no).

5.E) ADJOURNMENT

Mr. Quiroga made a motion for adjournment. Mr. Buenconsejo seconded the motion. Motion passed 6-0. The August 7, 2003, meeting of the Code Enforcement Board was adjourned at 9:45P.M.

____________________________________

Mr. Barry Asmus, Chairman

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Irene M. Fajardo, Recording Secretary