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CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 1, 2004

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 1, 2004, 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

John Patnick 

Manny Quiroga

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

John Busta

Robert Vickers

Rod Buenconsejo

 

All persons testifying were sworn in at this time.

ITEM I: MARCH 4, 2003 MINUTES

Mr. Quiroga made a motion to approve the March 4, 2004 minutes.  Mr. Asmus seconded the motion.  The vote was unanimous in favor. 

ITEM II: FIRST HEARING

Case #: 2003-04593, 2004-04688, 2004-04687
Owner: Ray Gomez
Address: 1173 NE 104 St.
Violation: Bldg. 6-4; Unauthorized construction and alteration
                  Sec. 504; Unlawful signs on the premises.

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. He stated that he saw a dumpster in the driveway and a lot of construction debris, plumbing fixtures, doors, and electrical lighting outside of the property.  He explained that he witnessed workers and trucks used for construction, coming in and out the residence, on a daily basis.  He also stated that the windows and glass doors on the property were covered.  Officer Flores stated that Mr. Gomez did not allow him inside the property in order to see any of the work.  He only saw the work through the windows that were not covered.

Pictures were submitted to the Board as evidence.  Officer Flores stated that the property was been renovated without the required permits.  He also stated that he cited Mr. Gomes for having unlawful signs on the property.  He explained that the sign that was finally left on the property needs to be no more than 120 square inches in area and it must be located in the front yard facing the street.  The last violation mentioned was that Mr. Gomez was renting the property without an occupational license.  The Board questioned Officer Flores about the work done on the property.  Officer Flores explained what he witnessed and the reasons why he believed that more unauthorized work was being done on the property than what Mr. Gomez admitted.  The property owner, Ray Gomez, was present.  Carlos Marvez, who said he was a forensic architect, was there to speak on behalf of the owner and present the case.  Mr. Gomez stated that the sings were removed and that a few friends were living on the property without paying rent.  Mr. Marvez then stated that they were not remodeling the property without permits. The construction workers on the property were simply just maintenance men. A letter by Mr. Gomez was read on the record and submitted to the Board as evidence.  The letter listed the work done by Mr. Gomez to the property.

Mr. Gomez explained the work that was done on the property as stated in the letter.  Some of the work included interior painting, replacing kitchen appliances, retouching of plaster surfaces, polishing of marble floors, replacement of wooden doors, re-staining of all wood work inside the house, and installation of interior window framing.  Mr. Gomez and Mr. Marvez stated that they didn’t know that the work done required permits. Mr. Gomez estimated the value of the work done was more than $500.00 but less than $1,000.00.

Officer Flores testified that there was more work being done than what was mentioned in the letter.  Mr. Gomez explained that the coverings on the windows and doors were for privacy.  Mr. Marvez then stated that that Mr. Gomez told Officer Flores that he would allow him inside the property but not right away.   After further discussion from the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that violations exist according to Section Bldg.6-4 and Section 504 of the Miami Shores Village Code.  The violator shall correct cases 2004-04687 in (1) one day and correct cases 2004-04688 and 2003-04593 in (30) thirty days.  The owner shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed in 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 a day, per violation, starting on the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date.  Mr. Quiroga seconded the motion.  Motion passed 4-0.

 

Case’s #:2003-04592
Owner: Tropical Chevrolet
Address: 8880 Biscayne Blvd.
Violation: Bldg. 6-4; Unauthorized construction and alteration

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property.  Pictures were submitted to the Board as evidence.  The owner, Ian Wildstein, was there to present the case.  Mr. Wildstein did not dispute the violation.  He explained that he is waiting for the engineers to do a photometric for the lights and fixtures in order to request approval from the Planning and Zoning Board.  Mr. Wieldstein also explained that he lowered the fixtures of the lights that are currently on the property to minimize the light spillage.  After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Bldg. Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by May 6, 2004 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by May 6, 2004, 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 $25.00 a day, starting on the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date.  Mr. Asmus seconded the motion.  Motion passed 4-0.

 

Case: 2003-04590
Owner: Reynaldo O Ocana
Address: 10603 NE 10 Ct.
Violation: Bldg. 6-4; Unauthorized construction and alteration

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property.  Pictures were submitted to the Board as evidence. Officer Flores explained the Mr. Ocana applied for a permit but the check bounced.  Mr. Ocana has since made a second payment and is requesting an extension.  The property owner, Reynaldo O Ocana, was there to present the case. He agreed that a violation existed and requested a continuance.  After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Bldg. Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by May 6, 2004 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.

If compliance is not completed by May 6, 2004, 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 $25.00 a day, starting on the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator.  Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date.  Mr. Asmus seconded the motion.  Motion passed 4-0.

 

Summary Adjudication:
Case’s# 2003-04404 2003-04437 2003-04546 2003-04560 2003-04586 2003-04596 2003-04617 2003-04639 2003-04662 2003-04666

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 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. Asmus seconded the motion.  Motion passed 4-0.

 

ITEM III: PENALTY HEARINGS

Case #: 2003-04541
Owner: Rosemary Brutus
Address: 10401 NE 2 Ave. 

The officer, Anthony Flores, testified that the violation still existed on the property.  The property owner, Rosemary Brutus, was there to present the case.  Ms. Brutus explained that she had problem with the roofing company she hired.  They told her that she did not need to obtain a permit for just repairing the roof, only for replacing.  When the roofers finally came to apply for a permit, they had difficulty obtaining it, due to some problems in their roofing license.  She stated that she is currently receiving estimates from new roofers to repair the roof immediately.  Mr. Brutus requested additional time for compliance.  Officer Flores testified that Ms. Brutus has been very cooperative. After a brief discussion Mr. Quiroga made a motion to continue the case until the next meeting on May 6, 2004.  Mr. Asmus seconded the motion. Motion passed 4-0. 

 

Summary Adjudication:
Case’s#:2003-04508 2003-04540

Mr. Quiroga 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. Asmus seconded the motion.  Motion passed 4-0.

 

ITEM IV:REQUEST FOR RELIEF

Case #: 2002-04166, 2003-04202
Owner: Eduardo Antonacci
Address: 1075 NE 99 St.

The property owner, Eduardo Antonacci, was there to present his case.  Mr. Antonacci explained that he did not have a clear understanding of the violation.  He also explained that since he got Parkinson, it became very difficult to bring the property into compliance in a timely manner. After further discussion, Mr. Quiroga made a motion to accept the offer of $600.00 payable in ten (10) days or the lien reverts back to the original amount of $5,630.00.  Chairman Perl seconded the motion.  Motion passed 3-1. (Mr. Asmus voted no).

 

Case #: 2003-04195
Owner: Linda Smoak
Address: 10816 NW 2 Ave.

The property owner, Linda Smoak, was there to present her case. Ms. Smoak agreed that a violation previously existed on the property.  She explained that she was not aware that she had passed the deadline for compliance.  She also stated that her mother lived on the property but was ill with cancer.  The house was since sold.  The H.U.D One document was submitted to the Board as evidence.  After further discussion, Mr. Quiroga made a motion to accept the offer of $800.00 payable in ten (10) days or the lien reverts back to the original amount of $2,965.00.  Chairman Perl seconded the motion.  Motion passed 3-1. (Mr. Asmus voted no).

 

Case #: 7246
Owner: Keith Cross
Address: 189 NW 99 St.

The property owner, Keith Cross, was there to present his case.  Mr. Cross was not aware that a lien existed on his property.  He thought that the violation had already been corrected and that it was done in a timely manner.  Mr. Cross had contact with the previous Code Enforcement Director, Bill Nelson, in regards to the matter.  He had a contractor obtain a permit for the unauthorized wooden deck. The house file did not show a permit for the deck.  The Board advised Mr. Cross to look for records of the permit or to contact the contractor he hired.   Otherwise, Mr. Cross would have to reapply for a permit in order to bring the property into compliance and be able to obtain release for the lien.  Mr. Cross’ final offer was stated to be $500.00 to settle the $29,705.00 lien.  No motion was made. 

 

Case #: 2003-04110
Owner: Parry Real Estate
Address: 9626 NE 2nd Ave.

The attorney, Anthony Mallow, was there to represent the owner and present the case.  Mr. Mallow’s Request for Relief was previously denied with an offer of $15.00 to settle the liens.  Mr. Mallow stated that he was now offering $500.00.  After further discussion, Mr. Quiroga made a motion to accept the offer of $500.00 payable in ten (10) days or the lien reverts back to the original amount of $2,240.00. Mr. Patnick seconded the motion.  Motion passed 4-0.

 

Case #: 2003-04180, 2003-04179
Owner: LY Collins
Address: 130 NW 97 St.

The property owner, LY Collins, was there to present her case.  Ms. Collins explained that she did not receive notices since her tenants never informed her of them.  Ms. Collins also explained that she was in the process of evicting the tenants and did not want to bring the property into compliance while the tenants still lived there.  Ms. Collins was offering $50.00 to settle the $6,580.00 lien. After a brief discussion, Mr. Asmus made a motion to deny the offer.  Mr. Patnick seconded the motion.  Motion passed 4-0.

 

Case #: 4972. 2000-01975
Owner: Triple C Properties
Address: 8 NW 93 St.

The property owner, Joseph Arango, was there to present his case.  Mr. Arango explained that he bought the property in foreclosure and that the violations belonged to the old owners.  Mr. Arango was not aware that a Code Enforcement lien existed.  When Mr. Arango purchased the property, only a garbage lien had been recorded.  The Code Enforcement lien was recorded in 2002.  Evidence in the file coincided with the dates given by Mr. Arango.  After further discussion, Mr. Quiroga made a motion to accept the offer of $2,500.00 payable in ten (10) days or the lien reverts back to the original amount of $21,850.00.  Mr. Patnick seconded the motion.  Motion passed 3-1. (Mr. Asmus voted no).

 

Case #: 2003-03920
Owner: Rich Goldman
Address: 89 NW 110 St.

The property owner, Rich Goldman, was there to present his case.  Mr. Goldman stated that all the necessary permits were pulled in a timely manner.  He was not informed of any lien when the property was sold two months ago.  Evidence in the file showed that the property was not in compliance until after a year of the original compliance date.  The Board advised the owner to investigate the matter with the title company used during the sale of the property.  Mr. Goldman offered to pay $1,000.00 to settle the lien amount of $5,175.00.  After a brief discussion, Mr. Asmus made a motion to deny the offer.  Chairman Perl seconded the motion.  Motion passed 3-1.  (Mr. Patnick voted no).

 

Case #: 2002-02295 2000-01741 2000-00647
Owner: Ulric Francis
Address: 29 NE 96 St.

The property manager, Barbara Ray, was there to represent the owner and present the case.  Ms. Ay was previously denied her offer of $900.00 to release the lien.  After a brief discussion, Mr. Patnick made a motion to accept the offer of $3,000.00 in ten (10)days or the lien reverts back to the original amount of $8,505.00.  Chairman Perl seconded the motion.  Motion passed 3-1. (Mr. Asmus voted no).

 

ITEM V. NEXT MEETING.

The next meeting will be on May 6, 2004.

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Mr. Quiroga seconded the motion.  Motion passed 4-0.  The April 1, 2004, meeting of the Code Enforcement Board was adjourned at 8:50P.M.

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