LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 7, 2005

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 7, 2005, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman Robert Vickers.

 

PRESENT

Robert Vickers

John Busta

Rod Buenconsejo

John Patnick

Barry Asmus

ALSO PRESENT

Al Berg, Code Enforcement and Planning and Zoning Director

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Emilia S Palmer, Administrative

ABSENT

Manny Quiroga

Barry Perl, Chairman

 

All persons testifying were sworn in at this time.

ITEM I: MARCH 3, 2005 MINUTES

Mr. Asmus made a motion to approve the March 3, 2005 minutes with amended corrections.  Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor.

 

ITEM II: FIRST HEARING

Case #: 2004-05430
Owner: Anita Pena
Address: 29 NW 99 St.
Section: 518(a)/518(b);
Violations:  Hedges/Fence higher than allowed/Unlawful materials.

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted for evidence. Mrs. Anita Pena and Mr. Williams Wells were there to present the case.  Mrs. Pena doesn't agree with the violation.  Mr. Wells made a motion that the Village Attorney is serving as a Prosecutor and as Counsel to the Board. Mr. Wells referenced the statute and stated that Mr. Sarafan is prohibited from serving as Counsel and as Prosecutor to the Board. Mr. Sarafan advised that Officer Flores and not Mr. Sarafan was prosecuting.  After discussion from the Board, Mr. Asmus acknowledged that Mr. Sarafan does not prosecute code cases and moved to deny the motion.  Mr. Busta seconded the motion.  Motion passed 5-0.  Mr. Flores presented Mr. Keenan Bain, a witness and owner of 19 NW 99 St.  Mr. Bain testified that these hedges are about 11 to 12 feet high, and this problem has been going on for the past two years.  He also stated that in the past he used to trim Mr. Wells hedges. Mr. Wells submitted documents to the Board.  Mr. Wells made a motion to dismiss the case.  After further discussion from the Board, Mr. Asmus moved to deny the motion. Mr. Patnick seconded the motion. Motion passed 5-0.  Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 518(a)/518(b) of the Miami Shores Village Code.  The violator shall correct the violation by May 4, 2005 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 $25.00 per a 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. Patnick seconded the motion. Motion passed 5-0. 

 

Case: 2005-05627
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 12-108
Violation: Insect and Rodent Harborage

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted for evidence.  He explained that the owner have a pond which is causing a habitat of mosquito's and other insect. Mrs. Pena agrees with violation.  Mr. Wells stated that violation should be corrected within two weeks.  Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-108 of the Miami Shores Village Code.  The violator shall correct the violation by May 4, 2005 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 $25.00 per violation a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 5-0.

 

Case: 2005-05628
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 9-2 (b) (c) /9-5 and 501 (k) 10-1
Violation: Improper Treatment of Refuse/ Unauthorized storage of materials

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Mrs. Pena agrees with the violation.  Mr. Wells stated that violation should be corrected within 30 days.  Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 9-2 (b) (c)/9-5, Section 501 (k), and Section 10-1 of the Miami Shores Village Code.  The violator shall correct the violation by May 4, 2005 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 $25.00 per violation a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 5-0.

 

Case: 2005-05665
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 13-1 and 501 (k)
Violation: Inoperable vehicle on premises/ Junk car on premises

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property.  Mrs. Pena agrees with violation.  Mr. Wells stated that violation should be corrected within 30 days.  Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 and 501 (k) of the Miami Shores Village Code.  The violator shall correct the violation by May 4, 2005 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 $25.00 per violation a day thereafter.  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 the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. Motion passed 5-0.

 

Case: 2005-05853
Owner:Odette Renaud
Address: 348 NW 111 Terr
Section: 12-105; 10-9
Violation: Sewage Disposal

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted for evidence.  Mr. Flores stated that he received several complaints from neighbors about sewage spilling out to neighbors' yard. He explained that he gives them extensions and nothing was done.  He testified that he spoke to Mr. Berg and decided to consider this an emergency hearing, because sewage was flowing onto the ground.  Mr. Flores also, had contact the Department of Health. Mr. Flores presented Mr. Carl Commissiong a witness and owner of 338 NW 111 Terrace.  Mr. Commissiong stated that this problem been going for about 2-3 months.  He also stated that he can't go to his back yard due to the odor of the spilling sewage.  He recommended that this matter needs to be corrected as soon as possible. Peggy Renaud (daughter) was there to represent Mrs. Odette Renaud.  She stated that she agreed with the violation and explained that a plumbing contractor was hired. When he came to obtain a permit he didn't have a license to perform drainfill work.  After further discussion, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-105 and Section 10-9 of the Miami Shores Village Code.  The violator shall pump out the septic tank within 24 hours and drainfill within 14 days, 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 $250.00 a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 4-1. (Mr. Patnick voted no).

 

Case: 2004-05312
Owner: US Tech & Science Re Corp.
Address: 210 NE 102 St
Section: Bldg. 12-133
Violation: Unsightly fascia, Soffit, house exterior

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property.  Mr. Flores stated that the property owner needed more time to pressure wash the roof. Mr. Mathias Burlett was present to request an extension. Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by May 4, 2005 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 $25.00 a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 5-0.

 

Case: 2004-05392
Owner: Archille Gervais 
Address: 122 NW 110 St
Section: 520 (h) (i)
Violation: Deteriorated Driveways and Approaches

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.  Mr. Gervais was there to present the case.  Mr. Gervais stated that he doesn't agree with violation, and explained that he doesn't need to install a new driveway.  Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 520 (h)(i) of the Miami Shores Village Code.  The violator shall correct the violation by 90 days 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 $25.00 per violation a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 4-1. (Mr. Patnick voted no).

 

Case: 2004-05394
Owner: Archille Gervais 
Address: 122 NW 110 St
Section: 12-82
Violation: Nondwelling structures & fences

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. Mr. Flores stated that the rear side of property is deteriorated and concrete slabs need repair. Mr. Flores told the owner to obtain a permit to repair concrete slabs.  Mr. Gervais was there to present the case.  He stated that he agrees with violation. After discussion from the Board, Mr. Asmus 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 May 4, 2005 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 $25.00 per violation a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 5-0. 

 

Case: 2004-05784
Owner: Archille Gervais
Address: 119 NW 110 St
Code: Bldg. 14-17
Violation: Occupational License

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. He stated that Mr. Gervais needed to obtain an occupational license. Mr. Gervais was there to present the case.  He stated that he didn't know that his occupational license was expired. Mr. Vickers stated that all occupational license need to be renewed every September. After further discussion, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 14-17 of the Miami Shores Village Code.  The violator shall correct the violation by 7 days 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 $25.00 a day thereafter.  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. Buenconsejo seconded the motion. Motion passed 5-0. 

 

Summary Adjudication:
Case's# 2004-05231, 05435, 05443, 05451, 05452, 05560, 05562, 05648, 05649, 05112, 05513, 05214, 05224, 05290, 05290, 05292, 05386, 05387, 05430, 05472, 05779, 05786

Chairman Vickers read each case and address into the record and asked if anyone else was present.  No one was present. The Mr. Berg testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Asmus 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 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, costs in the amount of $15.00 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. Buenconsejo seconded the motion.  Motion passed 5-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case's#:2004-05176, 05177, 05204, 05234, 05256, 05406, 05442, 05468, 05481, 05497, 05502, 05516

Mr. Asmus 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 lien 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. Buenconsejo seconded the motion.  Motion passed 5-0.

 

ITEM IV:REQUEST FOR RELIEF

Case#: 2000-01185
Owner: Mernier Sainvil
Address: 126 NW 107th ST.

The property owner, Mernier Sainvil, was there to present his case.  Mr. Mernier was previously denied a $100.00 offer to release the lien. Mr. Mernier made a new offer of  $4000.00. After brief discussion, Mr. Buenconsejo made a motion to accept the offer of $4000.00 to be paid within 14 days or it will reverse to original amount. Mr. Vickers seconded the motion. Motion passed 3-2. (Mr. Asmus, Mr. Patnick voting no).

 

Case #: 2894
Owner: Andre and Suze Dormus
Address: 101 NW 106 St.

The property owner, Mrs. Suze Dormus and Mr. Andre Dormus were there to present the case. Mrs. Dormus made an offer of $200.00 to release the lien. Mrs. Dormus stated that the title company notified them about a lien that was placed on one of their property, and she disclosed that the money was placed into an escrow account.   She also stated that after Hurricane Andrew the insurance company delayed in processing their application. After a brief discussion, Mr. Asmus made a motion to deny the offer of $200.00.  Mr. Busta seconded the motion. Motion passed 5-0. Chairman Vickers explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2004-04692
Owner: Jewel Daulphin
Address: 52 NW 111 ST

The property owner, Jewel Daulphin was there to present the case.  Mrs. Daulphin made an offer of 15%(226.50) to release the lien.  Mrs. Daulphin stated that she   applied for a permit before the lien was placed on her property. After a brief discussion, Mr. Buenconsejo made a motion to accept the offer of $226.50 to be paid within 5 days or it will reverse to original amount. Mr. Patnick seconded the motion. Motion passed 4-1. Mr. Asmus voted no.

 

ITEM V. NEXT MEETING.

The next meeting will be on May 5, 2005

 

ITEM VI. ADJOURNMENT

Mr. Busta made a motion for adjournment.  Mr. Quiroga seconded the motion.  Motion passed 5-0.  Meeting was adjourned at 10:00 PM

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