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CODE ENFORCEMENT BOARD MEETING MINUTES October 4, 2012 (2)

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, October 4, 2012

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 04, 2012, at the Miami Shores Village Hall. The meeting was called to order at

6:00 p.m. by Chairman, Manny Quiroga

 

Roll Call.

Present: John Patnik, William Robert Smith, Barry Asmus, Rod Buenconsejo, Manny Quiroga.

Absent/Excused: Robert Vickers.

 

Barry Perl arrived at 6:35 p.m.

 

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                               

All witnesses were sworn in by the Village Attorney, Richard Sarafan

 

FIRST HEARING

 

Case: 3-12-9673

Owner: Elvia Romelus

Address: 201 NW 91St

Violation: Code Sec.:12-103; Hazardous Conditions.

                 Code Sec.:537(f); Dead or Diseased Trees

                 Code Sec.:10-1; Property to be maintained in safe, clean & sightly.

 

Code officer Mike Orta gave summary of code violations that exist on property. Elvia Romelus was present and agreed there was a violation but needed about a more time to cure violation. Board members asked questions and reviewed pictures of property.

 

 

Motion: Action: Accept, Moved by Barry Asmus, Seconded by Rod Buenconsejo

With respect to case(s) 3-12-9673 : I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-103; 537(f); 10-1 of the Miami Shores Village Code. The offending party shall correct all such violations by  Oct. 31, 2012 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $   50   a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).

Yes: John Patnik, William Robert Smith, Barry Asmus, Rod Buenconsejo, Manny Quiroga.

 

Case: 8-12-10254

Owner: Paul Collins

Address: 1323 NE 104 St.

Violation: Code Sec.:5-21; Pet Limitation Control

Mr. Paul Collins was not present at meeting but Mr. Douglas Kent (Neighbor) was present as a witness of violation of number of pet’s on property. Officer Anthony Flores gave summary of case, owner is allowed 3 dogs under Miami Shores code and owner has 5 dogs. Neighbors have complained about dogs barking early in the morning. Douglas Kent mentioned that homeowner had 6 dogs and he asked owner to control dogs but with no success. Mr. Kent described where his home is located and he can visibly see how many dogs are on property. As of 6p.m Wednesday there were 5 dogs on the property. Pictures were presented to board as proof of number of dogs on property. Mr. Flores stated Mr. Collins was notified via certified mail and posted property. Mr. Collins contacted Mr. Flores regarding posting on Tuesday, the 2nd and stated all the dogs were removed from the property. Chairman acknowledges previous testimony made by Mr. Kent of dogs on property as of 6p.m Wednesday, the 3rd of October. Staff informs Mr. Kent he no longer has to provide additional information for case.

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo

With respect to case(s) 8-12-10254: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 5-21 of the Miami Shores Village Code. The offending party shall correct all such violations by October 15th, 2012 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $ 100   a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Discussion by board

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

Yes: John Patnik, William Robert Smith, Barry Asmus, Rod Buenconsejo, Manny Quiroga.

No: Barry Perl.

Mr. Buenconsejo asked to discuss certain violations before a summary adjudication. Violations that require immediate attention. Board members discuss cases and agree to adjudicate at the end of meeting.

Summary Adjudication for 1st Hearings:

 

Chair recognizes that there is no one else present for first hearings and reads the following addresses:

 

Case#’s:4-12-9784; 5-12-9936; 6-12-10043; 6-12-10095; 6-12-10096; 7-12-10149;

7-12-10152; 7-12-10153; 7-12-10154; 7-12-10155; 7-12-10169; 7-12-10219; 7-12-10225;

8-12-10231; 8-12-10246; 8-12-10286; 8-12-10296; 9-12-10615; 9-12-10321; 9-12-10323;

9-1210381

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo

I move for 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 such case, the offending party shall correct the violation within the time period specified by Staff in the Staff recommendations for these hearings and 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 fact 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 such 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.”

 

Motion passed unanimously.

 

PENALTY HEARINGS

 

Case: 9-11-8992

Owner: Elvia Romelus

Address: 201 NW 91St

Violation: Code Sec.:12-133; Unsightly Fascia Soffit, House Exterior.

 

Case officer Mike Orta gave summary of case. Mr. Romelus was issued a courtesy notice to paint home and when she obtained permit, case was extended for 6 months, which is how long the permit is good for. Permit is now expired and Ms. Elvia Romelus will need to renew permit and paint home. Board members asked why she did not paint her home within in 6months. Ms. Romelus stated she picked up the permit but had financial problems and therefore did not paint home. Owner requests 3 months to cure violation. Board members ask questions and discuss time frame.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo

Continue case to November 1, 2012

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

Yes: John Patnik, William Robert Smith, Barry Perl, Rod Buenconsejo, Manny Quiroga.

No: Barry Asmus.

 

Chair recognizes that there is no one else present for penalty hearings.

 

Case #’s: 11-11-9194;2-12-9544;2-12-9654;4-12-9863;6-12-10038;7-12-10127;7-12-10130;7-12-10134;7-12-10135;7-12-10138;8-12-10234.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Summary Adjudication for Penalty Hearings:

 

 

 

 

Motion: Action: Accept, Moved by Rod Buenconsejo Seconded by Barry Asmus

I move that, in each case currently remaining on the penalty docket for tonight’s hearing, 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 from the day the violation was to have been corrected. That upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.”

 

Motion passed unanimously.

5 minute intermission.

Code Officer Mike Orta would like to recognize that case no. 4-12-9778, Property Address: 69 NE 99 Street, under Enforcement Order stage (Penalty Hearing) has been continued.

 

REQUEST FOR RELIEF

 

Case: 10-06-1248

Owner: Judge Leland  

Address: 70 NE 97 St.

 

Owner Judge Leland was present and stated that he was not aware of lien on property and violation. Board members asked Mr. Leland if he lived at the property and if he saw N.O.V that was posted on his front door. He did not dispute violation and thought he had already remedied violation but did not know procedure to call code officer to inform of compliance He found out through a credit report that there was a lien and then called village to see why there was a lien and violation on property. Board members asked questions about compliance. Mr. Leland said that he also asked FPL to turn power off in order for him to pressure wash. Offer to pay $100.

 

Upon the receipt of $1050 and 60 days the lien on this property and this property only be released.

Moved by Barry Perl, seconded by Bob Smith

Discussion by board members.

Vote: Motion failed (summary: Yes = 2, No = 4, Abstain = 0).

Yes: William Robert Smith, Barry Perl.

No: John Patnik, Barry Asmus, Rod Buenconsejo, Manny Quiroga.

 

Case: 12-11-9425; 12-11-9426

Owner: Wayne and Jacquelyn White

Address: 339 NE 96 St.

 

Mrs. White was present to state case and mentioned they no longer make clay tiles and concrete tiles would take about a year to get the tiles ordered. Offer made is because more money would cause hardship do to medical problems. They repaired fence immediately but continued to stay in violation because of fence poles still in property in disrepair. Offer to pay $1000.

 

No motion.

 

 

 

 

 

Case: 3-12-9754

Owner: Brigette Bienvenu

Address: 101 NW 101 St.

 

Ms. Bienvenu was present to state case and stated issues about growing grass on swale. Board members asked questions regarding compliance. Officer Mike Orta commented on the continuances given to owner. Offer to pay 150 within 30 days.

 

Move to accept offer of $150 payable within in 30 days and release lien on this property and this property only.

Moved by Rod Buenconsejo, Seconded by Barry Perl.

 

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

Yes: John Patnik, William Robert Smith, Barry Perl, Rod Buenconsejo, Manny Quiroga.

No: Barry Asmus.

 

Case: 5-12-9941

Owner: Victor Layug

Address: 136 NE 110 St.

 

Mr. Layug was present to state case about expired fence permit. He applied for a fence permit and then began to remove old fence and bushes in the back of the house and then moved his way to around the home. Due to financial issues he was not able to repair and waited for an IRS refund and then remedied permit. He was in communication with Norman Bruhn, Building official and inspection failed because the height was above 5 FT. Board members asked questions. Offer to pay $1.

 

Upon the receipt of $250 payable within 60 days, the lien on this property and this property only be released.

Moved by Barry Asmus, Seconded by Rod buenconsejo.

 

Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).

Yes: John Patnik, William Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.

 

  • Mr. Rushfeldt walked in to meeting at the end of the Request for Relief and stated he was present for a Notice of Violation.

 

Board Discuses if they shall hear case tonight or wait till next meeting.

Barry Asmus moves to re-hear case tonight. Seconded by John Patnik

 

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

Yes: John Patnik, William Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo.

No: Manny Quiroga.

 

 

 

 

 

 

 

Case: 7-12-10169

Owner: James Rushfeldt

Address: 540 NW 113 St

Violation: Code Sec. 521 (b) 1(d) Unpaved Parking Area.             

                

Anthony Flores gave summary of case and is an absentee landlord and lives in Wisconsin. Mr. Rushfeldt commented that he does not believe he is in violation because property is in the annexed area and should be grandfathered in. Board members asked questions regarding code. Attorney read what code states and addressed certain provisions. Attorney recommends to table until council can look up information regarding property and have a legal recommendation for board.

 

Vote to continue case until the village attorney has time to render his opinion and staff finds it appropriate to re-schedule.

Moved by Barry Perl, Seconded by Rod Buenconsejo

Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).

Yes: John Patnik, William Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.

 

  • Ms. Jacquelyn White came back to board to request and amend offer and board members discussed listening to case. No objection made by board.

 

Ms. White mentioned that after speaking to board, her family member offered to help and she would like to now offer $2000 to satisfy lien. Board members discuss offer and ask questions.

 

Upon the receipt of $2000 within 30 days that the lien on this property and this property only be released.

Moved by Barry Perl, Seconded by John Patnik.

 

Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).

Yes: John Patnik, William Robert Smith, Barry Perl, Manny Quiroga.

No: Barry Asmus, Rod Buenconsejo.

 

 

Board members discuss cases.

 

Case: 7-12-10219

Owner: Alejandro Suarez

Address: 202 NW 92 St.

Violation: Code Sec.:10-9; Septic Tank, Drain field Left Open.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus

With respect to case(s) 7-12-10219: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 10-9 of the Miami Shores Village Code. The offending party shall correct all such violations by 5 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $ 250   a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Discussion by board on number of days given in the motion of 10 days. Recommendation by staff was 5 days. Motion amended to reflect 5 days.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).

Yes: John Patnik, William Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.

 

Case: 8-12-10296

Owner: Chase Home Finance LLC

Address: 298 NE 91 St.

Violation: Code Sec.:12-108; Insect and Rodent Harborage.

 

Officer Mike Orta presented pictures to board and note was made that they were taken from a Neighbor that lives in EL Portal, which was the one who made the complaint.

               Motion: Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus

With respect to case(s) 8-12-10296: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-108 of the Miami Shores Village Code. The offending party shall correct all such violations by 5 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $   100 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).

Yes: John Patnik, William Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.

Case: 9-12-10321

Owner: Gilberto Mejia or Current Owners

Address: 165 NE 98 St.

Violation: Code Sec.:8-5; Pool- Unsafe Structures

                           Sec.:12-108; Insect and Rodent Harborage

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus

With respect to case(s) 9-12-10321: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 8-5 Miami Dade; 12-108 of the Miami Shores Village Code. The offending party shall correct all such violations by 5 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $ 100   a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).

Yes: John Patnik, William Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga.

September Minutes approved. Moved by Barry Perl, Seconded by Manny Quiroga.

 

Discussion by board about next year’s meeting calendar. Make correction on Aug. 2nd and move to August 1st. July 11th meeting is ok.

Discussion by board about tonight’s meeting.

Rod Buenconsejo will not be in attendance next month.

 

Case officer Anthony Flores asked board members to check with building department to see if they have any expired permits. If so renew them as soon as possible because if their names come across code enforcement desk a notice of violation will be given.

 

 

NEXT MEETING

The next meeting will be on November 01, 2012.

 

 

ADJOURNMENT

October 04, 2012 Code Board meeting was adjourned.

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Manny Quiroga, Chairman