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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 Perl, Chairman
Barry Asmus
John Patnick
Robert
Vickers
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.
ABSENT: Manny Quiroga
All
persons testifying were sworn in at this time.
1. A)
Mr.
Asmus made a motion to approve the
2. B) FIRST
HEARING
Summary Adjudication:
Case’s# 2003-03932,2003-04044,2003-04140,2003-04166,2003-04202,2003-04208,2003-04224,2003-04252,2003-04270,2003-04287,2003-04317,2003-04319,2003-04360, 2003-04363, 2003-04385, 2003-04412.
Chairman
Perl read each case and address into the record and asked if anyone was
present. No one was present.
The
officer, Anthony Flores, 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. Buenconsejo seconded the motion.
Motion passed 6-0.
3.C) PENALTY HEARINGS
Case: 2003-04169
Owner: James and Laura Dentico
Address:
The officer, Hillary Skumanich, testified that violations
still existed on the property. Mrs.
Dentico was cited for mildew and dirty roof throughout the patio area. Mrs. Dentico pulled a permit to paint but she
did not finish the work. Pictures were
submitted to the Board as evidence of the violations. Barbara F. Winner, an official court reporter
for Jane Dentico, was present. The
property owner, Jane Dentico and her daughter Michelle Dentico, were there to
present their case. Mrs. Dentico submitted
documents to the Board as evidence. She
explained that the violation was not clear as to which area in the patio needed
to be painted. Mrs. Dentico also explained
that she pulled a permit and painted eighty percent of the patio since she was
not clear as to which area needed paint.
She stated that she was not the sole owner of the property. Officer Skumanich explained that the Notice
of Violation stated that there was “mildew and dirt throughout the patio area.” Evidence in the file showed that officer
Skumanich was in constant contact with the owner explaining the exact nature of
the violation and what needed to be done to bring the property into
compliance. The Miami-Dade-County tax
rolls show that Michelle Dentico is the owner of unit F, Gilda Dentico is the
owner of unit G and Mrs. Dentico’s husband, James Dentico, is the owner of
units H and
After further discussion Mr. Asmus made a motion to
impose the fine previously adjudicated in the Enforcement Order retroactive to
the original compliance date. Mr.
Vickers seconded the motion. Motion
passed 6-0.
Case: 2003-04053
Owner: Stephen Ellixson and Denise Ghariani
Address: 440 NE 105 St.
Barbara F. Winner, an official court reporter for Denise
Ghariani, was present. The Village
attorney, Richard Sarafan, explained that the owner filed a Notice of Appeal in
the Circuit Court with the county of the Enforcement Order previously
adjudicated. Mr. Arasti, the attorney
representing the owner, requested a continuance after conclusion of the
appeal. After a brief discussion, Mr.
Buenconsejo made a motion to continue the case after a conclusion of appeal has
been made. Mr. Patnick seconded the
motion. Motion passed 6-0.
Summary Adjudication:
Case’s#:2003-04110,2003-04117,2003-04158,2003-4179,2003-04180,2003-04194,2003-04195,2003-04265,
4307.
Mr.
Buenconsejo 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. Vickers seconded the motion.
Motion passed 6-0.
4.D) REQUEST
FOR RELIEF
Case:
2002-03333
Owner:
Eza Guille Borrego
Address:
87 NW 100 St.
The
property owner, Eza Borrego, was there to present her case. Ms. Borrego explained that she did not reside
at the property and that the tenant did not notify her of the violations. She stated that she had problems with her
tenants. The Board inquired about the
violations and how the owner knew about the liens. Ms. Borrego stated that Officer Skumanich
informed her of the liens. After further
discussion, Mr. Vickers made a motion to accept the offer of $450.00 payable in
thirty (30) days or the lien reverts back to the original amount of $4,065.00. Mr. Patnick seconded the motion. Motion passed 5-1. (Mr. Asmus voted no).
Case:
4553, 4962, 4961, 5915, 8610, 8861
Owner:
Jean Ulysse
Address:
295 NW 111 St.
The
property owner, Jean Ulysse, was there to present his case. Mr. Ulysse had
previously come for request for relief and was denied. Mr. Ulysse explained that he was in
Case:
2002-02250
Owner:
S. Hassan Tabatabaie
Address:
420 NE 94 St.
The
attorney, Christopher Kelly, was there to represent the property owner, Hassan
Tabatabaie, who passed away on
Case:
2000-00463
Owner:
Ivon St. Juste
Address:
168 NE 91 St.
The
property owner, Ivon St. Juste, was there to present his case. Mr. Juste explained that the tag on the
vehicle of the car expired after he traveled to
5.E) NEXT
MEETING
The
next meeting will be on
6.F) ADJOURNMENT
Mr. Asmus
made a motion for adjournment. Mr.
Vickers seconded the motion. Motion
passed 6-0. The
____________________________________
Mr.
Barry Perl, Chairman
________________________________
Irene
M. Fajardo, Recording Secretary