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CODE ENFORCEMENT BOARD REGULAR - DECEMBER 01, 2005

The regular meting of the Miami Shores Village Code Enforcement Board was held on Thursday December 1, 2005, 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

Robert Vickers

John Busta

Rod Buenconsejo

John Patnik

Barry Asmus

ALSO PRESENT

Anthony Flores, Code Enforcement Supervisor

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Emilia S Palmer, Administrative Assistant

Al Davis, Mayor

ABSENT

Manny Quiroga

 

All persons testifying were sworn in at this time.

 

ITEM I: OCTOBER 06, 2005 MINUTES

Mr. Asmus made a motion to approve the October 6, 2005 minutes with corrections.  Mr. Buenconsejo seconded.  Motion passed (6-0).

 

ITEM II: FIRST HEARING

Case #: 2005-06431
Owner: Isabel & Jo Castillo
Address: 10698 NE 6 Ave
Section: Bldg. 6-4
Violations: Unauthorized Construction/Alteration

Officer Flores explained the nature of the violation and testified that the violation still existed on the property.  Pictures were submitted to the board as evidence.  Officer Flores stated that a roof repair was performed without a permit.  He also explained that the contractor never applied for a building permit. Mrs. Isabel Castillo (owner) was present and she agreed that a violation exist. Mrs. Castillo wasn’t aware that she needed a permit. She also explained that she notified the contractor that a permit was needed to the roof repair that was performed.  Mrs. Castillo explained that the contractor demanded more money to apply for the permit. The property owner’s needed more time to look for a new contractor and to apply for the permit.  After discussion from the board, Mr. Busta made a motion to continue the case to February 2, 2006. Mr. Buenconsejo seconded.  Motion passed (6-0). 

 

Case #: 2005-06426
Owner: Rosa Segarra
Address: 390 NE 105 St
Section: Bldg. 6-4
Violations: Unauthorized Construction/Alteration

Officer Flores explained the nature of the violation and testified that the violation still existed on the property.  Pictures were submitted to the board as evidence. Officer Flores stated that the property owner painted the house without a permit.  Ms. Rosa Segarra (owner) was present.  The property owner agreed that a violation exist. Ms. Segarra stated that she wasn’t aware that she needed to obtain a paint permit.  She also stated that she needed more time to obtain the paint permit.  Mr. Busta moved for findings of fact and conclusion of law that a violation exist according to Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by February 2, 2006 and immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by the specified time, 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 $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. Buenconsejo seconded.  Motion passed (6-0). 

 

Summary Adjudication: First Hearings
Case’s#: 2005-06359, 2005-06398, 2005-06470

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. Mr. 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 exist as charge in the respective notice of violation issued therein and that, 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 daily specified in staff’s recommendations for tonight’s hearing, starting on the date of compliance ordered by the Board, which will constitute a lien on the property of the violator.  Further, with respect to each of the cases, cost in the amount of $15.00 specified in staff’s recommendation for tonight’s hearing are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.  Mr. Buenconsejo seconded.  Motion passed (6-0).

 

ITEM III: PENALTY HEARINGS

Case: 2005-06239
Owner: Donna Hughes
Address: 10414 N. Miami Ave

Mr. Flores testified that the violation still exists and that continuance was granted in a different hearing.  The property owner, Donna Hughes was present.  Ms. Hughes testified that she had already purchase all the supplies and that she still waiting for a contractor to start the job. She explained that after the past hurricanes all the roofing contractors are overloaded with work.  Ms. Hughes stated that she needed more time to hire a roofing contractor.   After discussion from the Board, Mr. Asmus made a motion to continue the case to February 2, 2006.  Mr. Buenconsejo seconded.  Motion passed 5-1.  (Mr. Vickers voted no).

 

Case: 2005-06339
Owner: Heather Romeu
Address: 10450 NE 1 Ave

Officer Flores testified that the violations still exists.  Mr. Christian Romeu (owner) was present.  Mr. Romeu testified that he want to obtained a variance to keep the height of the hedges.  The board explained that he will need to contact the Planning & Zoning Dept. for more information.  After discussion from the board, Mr. Vickers made a motion to continue the case to February 2, 2006, so Mr. Romeu could present the case for a variance to the P&Z Board.  Mr. Asmus seconded.  Motion passed 6-0.

 

Case: 2005-06238
Owner: Francine Pierre Louis, Pierrine Leonel & Alfred Lyone
Address: 20 NE 104 St

Mr. Flores testified that the violation still exists and that continuance was granted in a different hearing. Elsie Lyonel was present (owner).  Ms. Lyonel testified that after the past hurricanes, she contacted roofing contractor to repair the roof. She also explained that most of the contractors don’t want to do minor repairs.  Ms. Lyonel requested more time.  After discussion from the board, Mr. Asmus made a motion to continue the case to February 2, 2006. Mr. Buenconsejo seconded.  Motion passed 4-2. (Mr. Vickers and Mr. Patnik voting no).

 

Summary of Adjudication:  Penalty Hearings
Cases #: 2005-06169, 06233, 06243, 06259, 06346, 06348

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. Mr. Flores testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Vickers moved for a summary adjudication that, in each case currently remaining on the penalty docket for tonight’s hearing, each respective violator be order to pay the daily fine previously adjudicated and authorized to be impose against them by prior order of the Board, to the date specified in the enforcement order was to have been corrected and that upon recording, the board’s order in this regard will constitute a lien on the property of the violator.  Mr. Buenconsejo seconded.  Motion passed 6-0.

 

ITEM IV: REQUEST FOR RELIEF

Case#: 2004-05204
Owner: Carlos Sottil
Address: 374 NE 95 St

Mr. Richard Golden (attorney) was present on behalf of Mr. Carlos Sottil (owner).   Mr. Golden previously made an offer of $400.00 which was denied in a previous hearing.  The history of the violation was for dirty roof. Mr. Golden was there to present a new offer of $632.50 to satisfy a fine of $1,265.00.  After discussion from the board, Mr. Buenconsejo made a motion to accept the offer of $632.50 to be payable in 15 days or the lien reverts back to the original amount of $1,265.00.  Mr. Vickers seconded.  Motion passed 6-0.

 

Case #: 2004-05176, 2004-05177
Owner: Luc & Elizabeth Raiddon Nisset
Address: 151 NW 92 St

Mr. Luc Nisset (owner) was present.  Mr. Nisset previously requested a refund of $5,680.00 and an offer of $200.00 which was denied in a previous hearing. The violation was for torn screen door and for dirty awnings. .  Mr. Luc Nisset was there to request a refund of $4,680.00 and a new offer of $1,200.00.  He testified that the title company had already submitted the total payoff of $5,880.00 and that the lien has been released.  After a brief discussion Mr. Nisset amended his offer to $1,700.00.  After discussion from the board, Mr. Buenconsejo made a motion to authorize the Village Manager to consider a refund of $4,116.00 and to accept the amended offer of $1,764.00.  Mr. Busta seconded. Motion failed to pass.  Chairman explained that the property owner could come back to another meeting with a new offer.

 

Case #: 2002-02825
Owner: Edward Joseph
Address: 9345 Park Dr. #100

Mr. Edward Joseph (owner) and Mr. Dennis Joseph (manager) were present.  An  offer of $250.00 was denied at a previous hearing. The history of the violation was for painting building without a permit. Mr. Joseph was there with a new offer of   $750.00 to be payable in 10 days to satisfy a fine of $2,840.00. After discussion from the board, Mr. Buenconsejo made a motion to accept the offer of $750.00 to be payable in 10 days or lien reverts back to original amount of $2,840.00.  Mr. Busta seconded.  Motion passed 4-2. (Mr. Patnik and Mr. Asmus voted no).

 

Case #: 2003-03559, 2004-04850, 2004-05107
Owner: Nordy Beauvais
Address: 54 NW 103 ST

Mr. Manes Jean (agent) and Mr. Nordy Beauvais (owner) were present.  The history of the violations was and ice cream truck on property, wall a/c units and other items were stored on property and exterior of house was dirty.  Mr. Jean testified that the property has been sold and that the money is been hold on an escrow account.  The property owner was there to present an offer of $8,000.00 to satisfy a fine of $43,170.00. After a brief discussion the property owner amended the offer to $21,585.00 to be payable in 10 days.  After discussion from the board, Mr. Asmus made a motion to deny.  Motion failed for lack of a second.  Mr. Vickers made a motion to accept the offer of $21,585.00 to be payable in 10 days or the lien reverts back to the original amount of $43,170.00. Mr. Patnik seconded.  Motion passed 5-1.  Mr. Asmus voted no.

 

Case #: 2005-05442
Owner: Manuel Hadad
Address: 104 NW 110 ST

The property owner, Manuel Hadad was present.  The history of the violation was for slats on the fence.  Mr. Hadad made an offer of $15.00 to satisfy a fine of $340.00. Mr. Hadad explained that he removed the slats from the fence and testified that he contacted Officer Flores.  After discussion from the board, Mr. Asmus made a motion to deny the offer of $15.00.  Mr. Patnik seconded.  Motion failed to pass. Mr. Buenconsejo made motion to accept the offer of $15.00.  Mr. Busta seconded. Motion fails to pass.  Mr. Perl made a motion to accept an offer of $50.00 to be payable in 10 days or the lien reverts back to the original amount of $340.00.  Mr. Vickers seconded.  Motion passed 4-2. (Mr. Asmus and Mr. Buenconsejo voting no).

 

Case #: 2003-03959
Owner: Loris Lemorin
Address: 174 NW 100 St

The property owner, Mr. Loris Lemorin was present.  The history of the violation was for deteriorated driveway approach.  Mr. Lemorin made an offer of $500.00 to satisfy a fine of $16,140.  Mr. Lemorin testified that he obtained a final inspection for the driveway.  After discussion from the board, Mr. Lemorin amended his offer to $1,000.00 to be payable in 90 days. Mr. Vickers made a motion to deny the offer of $1,000.00. Mr. Asmus seconded.  Motion passed 6-0.  Chairman explained that the property owner could come back to another meeting with a new offer.  Lien will remain at $16,140.00.

 

Case #: 2004-05435
Owner: Max Poloukhin
Address: 10505 NE 3 CT

The property owner, Max Poloukhin was present.  The history of the violation was for performing interior remodeling.  Mr. Poloukhin testified that he hired a contractor for interior remodeling, and that he was under the impression that the contractor had applied for the permits.  Mr. Poloukhin made an offer of $1,000.00 to satisfy a fine of$3,665.00. After a brief discussion, Mr. Poloukhin amended his offer to $2,000.00 to be payable in 10 days.  After discussion from the board, Mr. Vickers made a motion to accept the offer of $2,000.00 to be payable in 10 days or the lien reverts back to the original amount of $3,665.00.  Mr. Buenconsejo seconded.  Motion passed 5-1.  (Mr. Asmus voted no.)

 

Case #: 200-01941, 1081, 6162, 6163, 6147, 3319
Owner: Jean C. & Elvia Romelus
Address: 201 NW 91 St

The property owner, Mr. Jean C. Romelus was present. The history of the violations was for dirty walls, broken doors and windows, garbage containers with no lids, inoperable vehicle and deteriorated driveway and approach.  An offer of $1,000.00 was denied at a previous hearing.  Mr. Romelus made a new offer of $3,600.00 to satisfy a fine of. $35,967.95.  After a brief discussion from the board, Mr. Romelus amended the offer to $4,000.00 to be payable in 90 days.  Mr. Asmus made a motion to deny the offer of $.4000.00. Mr. Vickers seconded. Motion passed 6-0.  Chairman explained that the property owner could come back at another meeting with a new offer.  Fine will remain at $35,967.95.

 

Case #: 2003-04643
Owner: Wanda Collier
Address: 98 NW 98 St

The property owner, Wanda Collier was present.  Te history of the violation was for roof repair done without a permit. An offer of $1,000.00 was denied at a previous hearing.  Ms. Collier made a new offer of $2,000.00 to satisfy a fine of $11,025.00 to be payable in 60 days.  After discussion from the board, Mr. Vickers made a motion to accept the offer to be payable in 60 days or the lien reverts back to the original amount of $11, 025.00. Mr. Buenconsejo seconded. Motion passed 5-1. (Mr. Asmus voted no).

 

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