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CODE ENFORCEMENT BOARD MEETING MINUTES - SEPTEMBER 7, 2006

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Sept. 7, 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

Barry Asmus (arrived at 6:30 p.m.)

John Patnick

John Busta

Robert Vickers

Manny Quiroga

Rod Buenconsejo

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Quiroga moved to accept minutes as they are Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion. 6-0. Mr. Buenconsejo moved to raise administrative fees to $30 dollars from $15 dollars and Mr. Vickers seconded the motion. The vote was in favor of the motion 4-2. Mr. Patnick and Mr. Quiroga both voted no.

 

ITEM II: FIRST HEARING

Case #: 2006-07327
Owner: Vladimir & Janet Vukovic          
Address: 284 NE 102 St.
Section 20-17; 520 (i)
Violations: Failure to maintain parkway

The officer, Anthony Flores, 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 home owner has started to work on the deteriorated area. The owner, Mr. Vukovic was there to present his case. He stated he does agree with the violation, he has seeded the deteriorated area. After answering questions from the Board, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-17; 520 of the Miami Shores Village Code.  The violator shall correct the violation by Oct. 4, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion whether 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 $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion. The Motion passed unanimously 6-0.

 

Case#: 2006-07383
Owner: Gregory Hoffman & Rigoberto Martinez
Address: 1345 NE 105 St.
Section: 10-5
Violations: Maintaining A Nuisance

The officer, Anthony Flores, 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 this was not the first time with this violation on this property. The owners Mr. Martinez and Mr. Hoffman were there to present their case. The owner acknowledged this was not the first time with this problem and presented two invoices showing various work made on the septic tank. The Owner does not agree that there is a violation existing at this time. The Board questioned the Code Officer. Miriam Cotto a resident in the complex was there to present her testimony as a witness. The Board questioned the witness. Another witness Mr.Labar is the co-signer for Mrs. Cotto. He was there to present his testimony as well. After the Board questioned the owners of the property and a discussion, Mr. Buenconsejo moved for a finding of fact and a conclusion of law that a violation exists according to Section 10-5 maintaining a nuisance of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2006 by 12pm and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $100.00 per day thereafter. This will constitute a lien on the property of the violator.  Costs in the amount of $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Vickers seconded the motion and the vote was passed in favor of the motion 4-2. Mr. Perl and Mr. Quiroga both voted no.

 

Case: 2006-07383
Owner: Gregory Hoffman & Rigoberto Martinez
Address: 1345 NE 105 St.
Section: 10-5
Violations: Maintaining A Nuisance

The officer, Anthony Flores, 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 this was not the first time with this violation on this property. The owners Mr. Martinez and Mr. Hoffman were there to present their case. The owner acknowledged this was not the first time with this problem and presented two invoices showing various work made on the septic tank. The Owner does not agree that there is a violation existing at this time. The Board questioned the Code Officer. Miriam Cotto a resident in the complex was there to present her testimony as a witness. The Board questioned the witness. Another witness Mr.Labar is the co-signer for Mrs. Cotto. He was there to present his testimony as well. After the Board questioned the owners of the property and a discussion, Mr. Buenconsejo moved for a finding of fact and a conclusion of law that a violation exists according to Section 10-5 maintaining a nuisance of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 11, 2006 by 12pm and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $100.00 per day thereafter. This will constitute a lien on the property of the violator.  Costs in the amount of $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Vickers seconded the motion and the vote was passed in favor of the motion 4-2. Mr. Perl and Mr. Quiroga both voted no.

  

Case: 2006-07384
Owner: Gregory Hoffman & Rigoberto Martinez
Address: 1345 NE 105 St.
Section: 12-132
Violations: Damaged screen, windows and doors
Section: Bldg. 12-128
Violations: Weather/water tight structures

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owners Mr. Martinez and Mr. Hoffman were there to present their case. The owners agreed they are in violation. Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-132 and Section bldg.12-128 of the Miami Shores Village Code. The violator shall correct the violation by Oct. 5, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion and the vote unanimous in favor of the motion 7-0.

 

Case: 2006-07386
Owner: Gregory Hoffman & Rigoberto Martinez
Address: 1345 NE 105 St.
Section: Bldg. 12-128
Violations: Weather/water tight structures

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owners Mr. Martinez and Mr. Hoffman were there to present their case. The owners stated they were not aware of the violations. Mrs. Cotto the tenant testified the violation exists and is still standing. Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section bldg. 12-128 of the Miami Shores Village Code. The violator shall correct the violation by Oct. 5, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Vickers seconded the motion and the vote unanimous in favor of the motion 7-0.

 

Case: 2006-07386
Owner: Gregory Hoffman & Rigoberto Martinez
Address: 1345 NE 105 St.
Section: 12-103
Violations: Hazardous Conditions
Section: Bldg. 12-128
Violations: Weather/water tight structures

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owners Mr. Martinez and Mr. Hoffman were there to present their case. The owners stated they agree there are violations. Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-103 and Section bldg. 12-128 of the Miami Shores Village Code. The violator shall correct the violation by Oct. 5, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion and the vote in favor of the motion 6-1. Mr. Quiroga voted no.

 

Case: 2006-07219
Owner: Peter Rossi
Address: 1122 NE 97 St.
Section: 12-82
Violations: Nondwelling structures & fences

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner Mr. Rossi was there to present his case. The owner stated he agreed to the violations. Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-82 of the Miami Shores Village Code. The violator shall correct the violation by Nov. 1, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

Case: 2006-07390
Owner: Alvin Malnik
Address: 145 NE 101 St.
Section: 20-31
Violations: Failure to maintain sidewalk
Section: 12-103
Violations: Hazardous conditions

The officer, Michel Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The neighbor Mr. Davie was there to testify against this case. Mr. Davie also submitted photos for evidence. Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-31 and Section 12-103 of the Miami Shores Village Code. The violator shall correct the violation by Sept. 14, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $100.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion and the vote was in favor of the motion 6-1. Mr. Perl voted no.

  

Case: 2006-06874
Owner: Jimmie Beard
Address: 534 NE 102 St.
Section: Bldg. 12-133
Violation: Unsightly fascia, soffit, house exterior
Section: Bldg. 12-133
Violation: Unsightly fascia, soffit, house exterior

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner Mr. Beard was there to present his case. The owner stated he agreed to the violations. Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section bldg. 12-133 and Section Bldg. 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Nov. 1, 2006 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer 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 $30.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion and the vote was in favor of the motion 6-1. Mr. Asmus voted no.

 

Summary Adjudication For 1st Hearings:
Case #’s:  2006-07111, 2006-07224, 2006-07269, 2006-07278, 2006-07280, 2006-07282, 2006-07320, 2006-07336, 2006-07349, 2006-07362, 2006-07365, 2006-07381, 2006-07165, 2006-07175, 2006-07177, 2006-07204

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 amount of $50.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Buenconsejo seconded the motion.  The motion passed unanimously 7-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 2006-06910, 2006-06999, 2006-07027, 2006-07063, 2006-07096, 2006-07175, 2006-07177, 2006-07178

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. Quiroga 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. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2005-06082
Owner: Cesar Rodriguez
Address: 136 NW 96 St.

The property owner’s lawyer, Mr. Golden was there to present Mr. Rodriguez’s case. Mr. Golden stated the property owner had not received any notice of the violations. The notices staff sent out were sent to the previous homeowner. The board questioned Mr. Orta, and Mr. Golden. After discussion from the board Mr. Golden proposed to pay $1,000.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 6-1. Mr. Quiroga voted no.

 

Case #: 2000-01959
Owner: Cheryl Del Rosario Sutton
Address: 290 NE 101 St.

The property owner, Cheryl Del Rosario Sutton was there to present her case.  Mrs. Sutton stated she thought the violations were corrected by the deadline. The Board asked Mrs. Sutton several questions and after further discussion Mrs. Sutton is proposing to pay $1,000.00 in 14 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 4797, 4798, 4800
Owner: Lawrence Dion
Address: 8700 Biscayne Blvd.

The Property Owner was not there to present his case. Mr. Quiroga moved to deny proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion. 6-1 Mr. Busta voted no.

 

Case: 2005-06578
Owner: Lionel Casey
Address: 10610 NE 11 Ave.

The property owner, Lionel Casey was there to present his case but left before the case was addressed. Mr. Vickers moved to deny proposed offer and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 2006-07048
Owner: Alan Murray
Address: 585 NE 106 St.

The property owner, Alan Murray, was there to present his case. Mr. Murray stated he is a new home owner and thought he was in compliance. After a discussion by the Board, Mr. Murray proposed to pay $200.00 within 10 days. Mr. Vickers moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-2. Mr. Quiroga and Mr. Asmus both voted no.

 

Case: 2005-06205
Owner: Taina Rosado
Address: 89 NW 110 St.

The property owners, family member, Myra Armis was there to present the case for Ms. Rosado. Ms. Armis stated this property was bought with a lien that the title company missed somehow. After the Board questioned Ms. Armis she proposed to pay $1,500.00 in 10 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 2005-06605
Owner: Nikolay & Ester Hotze
Address: 9802 NW 1 Ave.

The Property Owner Mr. Hotze was there to present his case. He stated although he removed the violation on time he failed to notify the officer. The Board questioned Mr. Hotze and after a discussion Mr. Hotze proposed to pay $250.00 in 30 days. Mr. Vickers moved to accept proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion. 6-1 Mr. Asmus voted no.

 

Case: 2005-06484
Owner: Juan Piedrahita
Address: 9425 NW 1 Ct.

The Property Owner Mr. Piedrahita was there to present his case. He stated he was aware of the violations and would like consideration for being a new homeowner. The Board questioned Mr. Piedrahita and after a discussion Mr. Piedrahita proposed to pay $300.00 in 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion. 6-1 Mr. Patnik voted no.

 

Case: 2006-07104
Owner: Ellison & Gilene Toussant
Address: 180 NW 111 St.

The Property Owner Mr. Toussant was there to present his case. He was not on the ajenda but asked for his case to be heard by the Board. Mr. Asmus moved to deny the request and Mr. Vickers seconded the motion. The vote was in favor of the motion. 6-1 Mr. Patnik voted no.

 

ITEM V. NEXT MEETING

The next meeting will be on Oct. 5, 2006

 

ITEM VI. ADJOURNMENT

Mr. Busta made a motion for adjournment and Mr. Patnik seconded the motion. Motion passed 7-0. 

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