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CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 4, 2005

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 4, 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

Manny Quiroga

Robert Vickers

John Busta

John Patnik

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 Assistant

ABSENT

Rod Buenconsejo

 

All persons testifying were sworn in at this time.

 

ITEM I: JULY 7, 2005 MINUTES

Mr. Quiroga made a motion to approve the July 7, 2005 minutes with corrections. Mr. Asmus seconded the motion.  The vote was unanimous in favor. 

 

ITEM II: FIRST HEARING

Case #: 2005-06114
Owner: Michael & Sophia Vega
Address: 31 NW 92 St
Section: 20-17; 520 (i)
Violations: Failure to maintain parkway

Officer Orta explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Officer Orta explained that the property has a deteriorated swale. Mrs. Sophia Vega (owner) and Mr. Rice Rechel were present.  The property owner doesn’t agree that violation exists. Mr. Rechel testified that he met with a contractor to install a new driveway.  After discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-17; 520 (i) of the Miami Shores Village Code.  The violator shall correct the violation by October 3, 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 $50.00 per a day thereafter.  This will constitute a lien on the property of the violator.  Costs in the amount of $50.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Vickers seconded the motion. Motion passed 6-0. 

 

Summary Adjudication: First Hearings
Case’s# 2005-05860, 06061,06062,06083,06097, 06098, 06140, 06145, 06150, 06162, 06164, 06168, 06177, 06185

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. Mr. Berg testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Vickers 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 $50.00 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. Quiroga seconded the motion.  Motion passed 6-0.

 

ITEM III: PENALTY HEARINGS

Case#: 2004-05322
Owner:  Eric & Jonina Pitchman
Address: 104 NE 100 St

Eric & Jonina Pitchman were there to present the case. Mr. Pitchman stated that  ficus trees don’t allowed grass to grow on the swale. Mr. Pitchman doesn’t agree that he has to sod the swale area.  Mr. Pitchman stated that he had the impression the city will replace the asphalt on his driveway since the city have funds with the county to replace sidewalks. After discussion from the Board, Mr. Vickers made motion to continue the case to September 1, 2005.  Mr. Busta seconded.  Motion passed 5-1. (Mr. Quiroga voted no).

 

Case#: 2005-05466
Owner:  Yvan & Ketly Frederic

Address: 9325 NW 2 Ct

Mr. Yvan Frederick was present.  Mr. Frederic stated that he corrected the violation.  After discussion from the Board, Mr. Quiroga made a motion to impose the penalty in 24 hours to be $50.00 per day and $50.00 administrative fee. Motion failed 2-4 (Mr. Busta, Mr. Patnik, Mr. Asmus, and Mr. Perl voting no).  Mr. Asmus made a motion to extend the compliance to 48 hours, and that Officer Orta meet with Mr. Frederic for an inspection of the roof.  Mr. Busta seconded. Motion passed 5-1. (Mr. Quiroga voted no).

 

Case# 2204-05392
Owner:  Archille & Marlande Gervais

Address: 122 NW 110 St

Mr. Archille Gervais there to present the case. Officer Flores stated that the violation still existed on the property. Pictures were submitted as evidence. The board previously granted a 90 days extension. After discussion from the Board, Mr. Busta made a motion to impose the fine previously adjudicated. Mr. Vickers seconded.  Motion passed 6-0.

 

Case#: 2005-05804
Owner:  David Marrero & Michelle Perpetuo

Address: 142 NW 99 ST

Officer Orta stated that the violation still existed on the property.  Pictures were submitted for evidence. Mrs. Michelle Perpetuo was present. Mrs. Perpetuo stated that she applied for a permit to pave. After discussion form the Board, Mr. Asmus made a motion to extend the compliance date until August 31, 2005.  Mr. Vickers seconded.  Motion passed 5-1.  Mr. Quiroga voted no.

 

Case#: 2005-05980
Owner: Wayne T. White
Address: 339 NE 96 St

Officer Flores stated that the violation still existed on the property.  Pictures were submitted for evidence.  Mr. Wayne T. White was there to present the case.  Mr. White testified that he had estimates to replace the roof. After discussion from the Board, Mr. Vickers made a motion to extend the compliance date until October 5, 2005.  Mr. Asmus seconded.  Motion passed 6-0.

 

Case#: 2005-05981
Owner:  Wayne T. White

Address: 339 NE 96 St

Officer Flores stated that the violation still existed on the property.  Pictures were submitted for evidence.  Mr. Wayne T. White was there to present the case.  Mr. White testified that he will remove all the items in one week. After discussion from the Board, Mr. Vickers made a motion to extend the compliance date until August 11, 2005.  Mr. Asmus seconded.  Motion passed 6-0.

 

Case#: 2005-05982
Owner:  Wayne T. White

Address: 339 NE 96 St

Mr. Anthony Flores stated that the violation still existed on the property.  Pictures were submitted for evidence.  Mr. Wayne T. White was there to present the case.  Mr. White testified that he will remove vehicles in one week.  After discussion from the Board, Mr. Vickers made a motion to extend the compliance date until August 11, 2005.  Mr. Quiroga seconded.  Motion passed 6-0.

 

Case#: 2005-06080
Owner: Shores Landings LLC. Ruben Matz
Address: 9710 NE 2 Ave

Officer Flores stated that the violation still existed on the property.  Pictures were submitted for evidence.  Mr. Ruben Matz was there to present case.  Mr. Matz stated that he needed more time.  He also testified that he applied for permit for demolition.  After discussion from the Board, Mr. Busta made a motion to extend the compliance date until September 1, 2005.  Mr. Vickers seconded.  Motion passed 5-1.  (Mr. Asmus voted no).

 

Summary Adjudication:   Penalty Hearings
Case’s#: 2005-05632

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. Mr. Berg testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Busta 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 imposed 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. Quiroga seconded the motion.  Motion passed 6-0.

 

ITEM IV:REQUEST FOR RELIEF

Case#: 2005-05647
Owner: Carolee Shepard
Address: 276 NE 105 St

The property owner, Carolee Shepard was there to present the case.  Mrs. Shepard stated that when she purchase the house she immediately have to get hurricane proof windows due the deterioration of the windows. Mrs. Shepard made an offer of $333.00. She also stated that she applied for the windows permit.  After discussion from the Board, Mr. Vickers made a motion to accept the offer of $333.00 to be payable in five days. Mr. Busta seconded.  Motion passed 6-0.

 

Case #: 2003-04452
Owner: Gloria Pales
Address: 9055 NE 2 Ave

Gloria Pales was there to present the case. Ms. Pales stated that due to legal matters she couldn’t correct the violation on time. Ms. Pales made an offer of $2000.00. Ms. Pales agreed that the property need major repair.  After discussion from the Board, Mr. Patnick made a motion to accept the offer of $2000.00 to be payable in 10 days.  Mr. Vickers seconded. Motion passed 4-2.  (Mr. Asmus and Mr. Perl voting no).

 

Case #: 2005-05897
Owner: George Fishman
Address: 103 NE 99 St

George & Nancy Fishman were there to present the case. Mr. Fishman stated that he corrected the violation, but due to the bad weather that contractor delayed in completing the work.  Mr. Fishman made an offer of $25.00.  After discussion from the Board, Mr. Fishman changed his offer to $50.00.  Mr. Quiroga made a motion to accept the offer of $50.00 to be payable in 10 days.  Mr. Vickers seconded.  Motion passed 6-0.

 

Case #: 2005-05686
Owner: Paul & Carole Larkin
Address: 350 NE 102 ST

Donald Lohnes Sr was there to represent the property owner. Mr. Lohnes stated that the property owner was out of the country.  He also stated that due to the weather he delayed on completing the work.  Mr. Lohnes made an offer of $75.00. After discussion from the Board, Mr. Vickers made a motion to accept the offer to be payable in 48 hours.  Mr. Busta seconded. Motion passed 6-0.

 

Case #: 2894, 2895
Owner: Andre & Suze Dormus
Address: 101 NW 106 ST

Andre & Suze Dormus (owner) were there to request a refund. The title company had submitted the total payoff of $10,250.00. The property owners requested a refund of $8,250.00 and they made an offer of $2000.00. After discussion from the Board, Mr. Vickers made a motion to reject the offer of $2,000.00, and suggested to authorize the Village Manager to refund $3,413.00.  Mr. Quiroga seconded. Motion passed 5-1.  (Mr. Asmus voted no).

 

Case #: 2004-04743, 04741, 04742
Owner: Marie Telcine
Address: 9426 NW 2 Ave

The property owner, Joseph & Marie Telcine, was there to present the cases.  The property owners previously made an offer of $3,000.00 which was denied. Mr. Telcine was there to present a new offer of $4,000.00. Mr. Sarafan stated that the property is not Homestead protected. Mr. Telcine stated that they have corrected all the violations. After discussion from the Board, Mr. Asmus made a motion to deny the offer of $4,000.00. Mr. Patnick seconded. Motion passed (4-2). Lien will remain $13,545.00. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

ITEM V. NEXT BUSINESS

He disclosed the Code Enforcement Board and staff members including him were named as Defendant in a Federal lawsuit filed by Aisha Goodison. He stated that the 440 NE 105 St/Denise Gharianni, declared Homestead, and that she planned to correct the violations.

 

ITEM V. NEXT MEETING.

The next meeting will be on September 1, 2005

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Mr. Quiroga seconded the motion.  Motion passed 6-0.  Meeting was adjourned at 9:15 PM

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