MINUTES

CODE ENFORCEMENT BOARD REGULAR MEETING

Miami Shores Village

September 11, 2003

 

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 11, 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

                                    John Busta

 

           

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

                                    Anthony Flores, Code Enforcement Officer

Hillary Skumanich, Code Enforcement Officer

Richard Sarafan, Village Attorney

                                    Irene M. Fajardo, Administrative Assistant.                  

 

All persons testifying were sworn in at this time.

 

1. A)    AUGUST 7, 2003 MINUTES:

 

Mr. Quiroga made a motion to approve the August 7, 2003, minutes with the amended corrections.  Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor.

 

2. B)    FIRST HEARING

 

Case #: 2003-03869

Owner: George and Nadine Tobgy

Address: 196 NE 105 St.

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

Sec. 521(b)(1)a: Unlawful loose material

 

The officer, Anthony Flores, testified that a violation still existed on the property.  Pictures were submitted to the Board as evidence of the violation.  Troy Gilbert, husband of Nadine Tobgy, was there to present the case.  Mr. Gilbert understood the nature of the violation but he did not understand why he was held responsible for it.  The officer, Anthony Flores, explained why Mr. Gilbert was cited.  Mr. Gilbert stated that he purchased the property with the gravel on the parkway.  The survey was submitted to the Board as evidence and it was placed on the file as record of the violation.  The Board explained the circumstances of inheriting violations from previous owners.  Mr. Gilbert agreed to 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 Sections 20-17;520(i) and 521(b)a, of the Miami Shores Village Code.  The violator shall correct the violation in (30) thirty days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed in (30) thirty days, 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 #: 2003-03846

Owner: John Challenor

Address: 29 NE 109 St.

Violation: Sec. Bldg. 6-4: Unauthorized construction and alteration

 

Richard Sarafan, the Village Attorney, offered testimony on the case.  Mr. Sarafan explained the nature of the violation.  He also explained that he had been in contact with the property owner in regards to the technical issues of the antenna he was cited for.  Mr. Sarafan explained that he was not comfortable adjudicating Mr. Challenor in his absence and requested for the case to be tabled.  The Board asked questions to staff in regards to the case.  The officer, Anthony Flores, also explained the nature of the violation and the length of time in which the violation had existed.  After further discussion from the board, Mr. Quiroga made a motion to table the case until the next meeting, October 2, 2003.  Mr. Buenconsejo seconded the motion.  Motion passed 5-2.  (Mr. Busta and Mr. Vickers voted no)

 

Case: 3879

Owner: Laurel Hemmings

 

 

The Village attorney, Richard Sarafan, requested for a motion to vacate the case and the adjudication of the case on this property.  The owner is a Code Officer in Miami Beach who did not receive proper notification of her violation.  The property was brought into compliance.  After a brief discussion, Mr. Quiroga made a motion to vacate the case and the adjudication of the case.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0.

 

Summary Adjudication: Case #’s: 2002-03806, 2003-03827, 2003-03883, 2003-03936, 2003-04016.

 

Case 2003-04016 will be heard at the end of the meeting.

 

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

The officer, Hillary Skumanich, 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 7-0.

 

3.C)     PENALTY HEARINGS

 

Summary Adjudication:  Case #’s: 2003-03739, 2003-03819, 2003-03849, 2003-03864, 2003-03865, 2003-03870, 2003-03876, 2003-03888, 2003-03920.

 

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 7-0.

 

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

 

4.D)     REQUEST FOR RELIEF

 

Case: 2000-01020

Owner: Agnes Bogozi

Address: 10380 NE 5 Ave.

 

The case was heard at the previous meeting of August 7, 2003.  Mr. Bogozi was there to change his previous offer of $200.00 to $1,937.00.  He agreed that a violation existed on the property and understood the penalties that incumbent upon it.   Staff recommended the settlement offer.  After a brief discussion, Mr. Busta made a motion to accept the offer of $1,937.00 payable in sixty days or the lien reverts back to the original amount of $19,375.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Case: 7772

Owner: Artles Michelle Fitts and Jim Beers

Address: 278 NE 97 St.

 

The case was heard at the previous meeting of August 7, 2003.  The property owner, Jim Beers, was there to change his previous offer of $200.75 to $450.00.  Staff recommended the settlement offer.  After a brief discussion, Mr. Buenconsejo made a motion to accept the offer of $450.00 payable in seven days or the lien reverts back to the original amount of $8,030.00.  Mr. Busta seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Case: 7637

Owner: Mercedes and Gabriel Rodriguez

Address: 750 NE 96 St.

 

Mr. Rodriguez was there to present the case.  Mr. Rodriguez understood the reasons why there was a lien placed on the property and apologized for the length of time it took to bring the property into compliance.  Mr. Rodriguez made an offer of $500.00 to release the lien amount of $1,580.00.  After a brief discussion, Mr. Quiroga made a motion to accept the offer of $500.00 payable in five days or the lien reverts back to the original amount of $1,580.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Cases: 2002-02301, 2002-02302, 2002-02303, 6526, 6527, 7588, 8098, 8104, 9312.

Owner: Andre Hillare

Address: 46 NW 95 St.

 

The property owner, Andre Hillaire and his cousin, Joseph Altidor, were there to present the case.  Mr. Altidor explained that Mr. Hillaire does not speak English and could not understand the notices that were sent to the property.  Evidence in the file showed a letter written in English by Mr. Hillaire.  Mr. Altidor explained that they were selling the house and wanted release from the liens.  The Board asked several questions in regards to the selling of the property.  After a brief discussion, Mr. Asmus made a motion to deny the offer of $5,105.00.  Mr. Vickers seconded the motion.  Motion passed 7-0.

 

Case: 2000-00234

Owner: Antoine Valcourt

Address: 21 NW 104 St.

 

The property owner, Antoine Valcourt, and his sister, Ms. Hassen, were there to present the case. 

Mr. Valcourt was there to change his previous offer of $300.00 to $1,000.00.  Ms. Hassen stated that Mr. Valcourt was not properly notified.  Evidence in the file showed that the owner was notified and that the property was posted with an affidavit and a Notice of Violation.  After a brief discussion, Mr. Buenconsejo made a motion to accept the offer of $1,000.00 in seven days or the lien reverts back to the original amount of $25,025.00.  Mr. Quiroga seconded the motion.  Motion passed 4-3. (Mr. Asmus, Mr. Perl, and Mr. Vickers voted no).

 

CASE TABLED FROM THE FIRST HEARING:

 

Case: 2003-04028

Owner: John Patnick

Address: 190 NW 99 St.

Violation: Sec. 523; Harmony

 

The officer, Hillary Skumanich, testified that a violation still existed on the property.  Pictures were submitted to the Board as evidence of the violation.  The Board inquired about a harmony violation.  Mr. Berg explained how Harmony (Sec. 523) was interpreted in the code and how Mr. Patnick violated that code.  Mr. Patnick agreed that violation existed and confirmed that it has been corrected.  After a brief discussion, Mr. Buenconsejo made a motion that a violation had existed but that it has been brought into compliance as of today.  Mr. Quiroga seconded the motion.  Motion passed 7-0.

 

5.E)     NEW BUSINESS:

 

Members who know they will be absent to a Code Board meeting must notify the Chairman.  The Board briefly discussed the issue of absence as stated in the Code of Ordinances. 

 

6.D)     ADJOURNMENT

 

Mr. Quiroga made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0.  The September 11, 2003, meeting of the Code Enforcement Board was adjourned at 8:00P.M.

 

           

                                                                              ____________________________________

                                                                              Mr. Barry Perl, Chairman

________________________________

Irene M. Fajardo, Recording Secretary