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CODE ENFORCEMENT BOARD MEETING MINUTES - JULY 6, 2006

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 6, 2006, 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

John Patnick

Barry Asmus

Manny Quiroga

ALSO PRESENT

Anthony Flores, Code Enforcement Officer/Supervisor

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

ABSENT

John Busta

Rod Buenconsejo

Robert Vickers

 

Mr. Sarafan swore in all those participating in the meeting.

 

ITEM I: FIRST HEARING

Case #: 2006-06993
Owner: Jose & Maria Castro
Address: 857 NE 98 St.
Section 12-128
Violations: Weather/Water tight structures

The officer, Michael Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The Code officer stated the damaged portion of the roof has not been repaired. The owner, Mr. Castro was there to present his case. He stated he does agree with the violation. Mr. Castro explained his trouble with finding a roofer and answered questions from the Board. Following discussion by the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-128 of the Miami Shores Village Code.  The violator shall obtain a permit by Sept. 6, 2006 and immediately notify the Code Enforcement Officer. If the violator has not obtained the permit by the specified time, the Code Enforcement Officers is to use at his discretion weather or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $50.00 per day thereafter. This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Asmus seconded the motion. The Motion passed unanimously 4-0.

 

Summary Adjudication For 1st Hearings
Case #’s:  2006-06760 2006-06828 2006-06829 2006-06830 2006-06865 2006-06882 2006-07005 2006-07006 2006-07028 2006-07029 2006-07030 2006-07048 2006-07050 2006-07094 2006-07095 2006-07096 2006-07105 2006-07149

Chairman Perl read each case and address into the record and asked if anyone else 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. Quiroga 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 lien 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. Asmus seconded the motion.  The motion passed unanimously 4-0.

 

ITEM II: PENALTY HEARINGS

Case: 2006-06800
Owner: Calvin & Lorna Harris          
Address: 15 NE 104 St.

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. The owner, Lorna Harris, was there to present her case. Mrs. Harris requested additional time for compliance. She explained that she had applied for the necessary permit and she secured a repair company to replace the door. The Board questioned Mrs. Harris and after a brief discussion, Mr. Quiroga made a motion to continue the case until Aug. 3, 2006 Mr. Patnick seconded the motion. The motion passed unanimously 4-0.

 

Summary Adjudication:
Case’s #: 2005-06635 2006-06872 2006-06906 2006-06908 2006-06911 2006-06920 2006-06942 2006-06943 2006-06944 2006-06948 2006-06949 2006-06961 2006-06966 2006-06983 2006-06998

Mr. Perl read each case and corresponding address into the record to verify whether or not anyone was present to address the Board. As neither the individual property owners nor their representatives were present for the hearing, Mr. Flores confirmed that all case files contained appropriate affidavits attesting to the fact that violations still exist subsequent to the ordered compliance dates and that individuals have not contacted the Code Enforcement Department.

Mr. Asmus moved for a summary adjudication of all such cases currently remaining on the penalty docket for tonight’s hearing, and that each respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against them by prior order of the Board, retroactive to the date the violation was to have been corrected and upon recording, the Board’s order in this regarding will constitute a lien against the property of the violator.  Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 4-0.

 

ITEM III: REQUEST FOR RELIEF

Case: 2005-06617
Owner: Bernice Washington
Address: 1 NW 110 St

Jeffery Jones, a relative of the owner, Bernice Washington was there to present the case. Mr. Jones explained the situation with the tenants currently living in the house and the difficulties with finding a contractor to fix the gate. Mr. Jones is proposing to pay $1,000.00 in 10 days. Mr. Patnick made a motion to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 4-0.

 

Case #: 2000-01830
Owner: Donna & Keith Gayle
Address: 901 NE 91 Terr.

The property owner, Keith Gayle, was there to present his case. Mr. Gayle stated he complied but the liens continued accruing. He explained the difficulties he encountered with the tenants and after the Board questioned him Mr. Gayle proposed to pay $500.00 in 15 days. Mr. Quiroga made a motion to deny the proposed offer and Mr. Patnick seconded the motion. The vote was unanimous in favor of the motion 4-0.

 

Case: 2005-06647
Owner: Mathieu Desir
Address: 104 NW 102 St.

The property owner, Mathieu Desir, was there to present his case. Mr. Desir explained his traveling situation and the situation with his family affairs. He stated he did not receive any violation notices until they were past the correction date. The Board questioned Officer Orta and Mr. Desir concerning the sealed door. After a discussion by the Board, Mr. Desir proposed to pay $300.00 in 10 days.  Mr. Patnick moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 4-0.

 

Case: 2004-05290
Owner: Didier Vansteenberghe
Address: 54 NW 100 Terr.

The property owner, Didier Vansteenberghe, was there to present his case.  Mr. Vansteenberghe explained he was sold the house with a lien and attempted to go after the title company as suggested by the board. The title company declined coverage because the lien went into effect three months after the purchase and no code violations were recorded at time of sale. After further discussion Mr. Vansteenberghe is proposing to pay $2,400.00 in 10 days. Mr. Patnick made a motion to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was tied 2-2, Mr. Asmus and Mr. Perl both voted no. The motion was denied.

 

Case: 2004-05009
Owner: Pedro Rojas
Address: 249 NW 92 St.

The property owner, Pedro Rojas was not there to present his case. Mr. Quiroga moved to deny proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 4-0.

 

ITEM IV. NEXT MEETING

The next meeting will be on Aug. 3, 2006

 

ITEM V. ADJOURNMENT

Mr. Perl made a motion for adjournment. Motion passed 4-0.

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