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CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 7, 2005

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 7, 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

John Busta

Rod Buenconsejo

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

Al Davis, Mayor

ABSENT

John Busta

 

All persons testifying were sworn in at this time.

 

ITEM I: JUNE 2, 2005 MINUTES

Mr. Quiroga made a motion to approve the June 2, 2005 minutes with corrections. Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor. 

 

ITEM II: FIRST HEARING

Case #: 2004-05225
Owner: Robert Rodriguez & Sallie Marvil
Address: 269 NE 99 ST
Section: 12-82
Violations: Nondwelling Structures & Fences

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Officer Flores explained that the property has a shed that was not approved by the Village and it was install without a permit. He also stated that he gave the owner several extensions.   Mr. Rodriguez agreed that the violation existed.  He stated that the shed was already on the property when he purchased the house. He also stated that he wanted to install a cabana on the property.  After discussion from the Board, Mr. Busta 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 August 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. Buenconsejo seconded the motion. Motion passed 6-0. 

 

Case: 2005-06041
Owner: David Heller
Address: 1300 NE 94 St
Section: 6-4
Violation: Unauthorized Construction/ Alteration

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Mr. Orta explained that construction and renovations was being done without permit.  Mrs. June Heller was there to present the case. Mrs. Heller agreed that the violation existed. Mrs. Heller stated that she is waiting for the architect and also explained that all the construction debris has been removed. After discussion from the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by September 1, 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 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. Quiroga seconded the motion. Motion passed 6-0.

 

Case: 2005-06040
Owner: David Heller
Address: 1300 NE 94 St
Section: 520 (h) (i)
Violation: Deteriorated Driveways and Approaches

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Officer Orta stated that the driveway is completely deteriorated.  Mrs. June Heller agreed that the violation existed.   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 520 (h) (i) of the Miami Shores Village Code.  The violator shall correct the violation by August 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 day thereafter.  This will constitute a lien on the property of the violator.  Costs in the amount of $50.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buencosenjo seconded the motion. Motion passed 6-0.

 

Case: 2005-06015
Owner: Theophilus & Rosalind Roker

Address: 10666 NE 10 Ct

Section: 6-4

Violation: Unauthorized construction/Alteration

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence.  Mr. Flores explained that a fence was installed without a permit.  He also stated that the property owner applied for a fence permit, but it was rejected.  Mr. Berg testified that she would have to change the fence.  After discussion from the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by September 1, 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 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. Quiroga seconded the motion. Motion passed 6-0.

 

Summary Adjudication: First Hearings:
Case’s#  2005-05555, 05619, 05632, 05633, 05675, 05842, 05844, 05845, 05978, 05980, 05981,  05993, 06048, 06080, 06081, 06091, 06112, 5994, 06005, 06018
Case: 2005-05982
Owner: Wayne T. White
Section: 13-1
Violation: Inoperable vehicle on premises
(Summary of adjudication / $100.00 per day)

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 13-1 of the Miami Shores Village Code.  The violator shall correct the violation within 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 $100.00 per day thereafter.  This will constitute a lien on the property of the violator.  Costs in the amount of $50.00 per violation are hereby assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. Motion passed 4-2. Mr.  Asmus and Mr. Patnick voting no. Chairman Perl 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 $25.00 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 6-0.

 

ITEM III: PENALTY HEARINGS

Case# 2005-05716
Owner:  Gil Guedes & Lourdes
Address: 565 NE 102 ST

Mr. Lourdes Guedes was there to present the case. Mrs. Guedes stated that she pressure cleaned the walls.  Mrs. Lourdes Guedes is requesting more time to clean and paint.  Mr. Asmus made motion to continue the case for next meeting on August 4, 2005.  Mr. Buenconsejo seconded.  Motion passed 6-0.

 

Case# 2005-05622
Owner:  Anita Pena

Address: 29 NW 99 ST

Mr. Williams Wells was there representing the property owner.  Mr. Flores explained that the violations still existed on the property. Pictures were submitted as evidence.   Mr. Wells stated that he wanted a detailed list in regard to the violation in order to come in compliance with the Village’s code.  After discussion from the Board, Mr. Quiroga made a motion to request the officer to meet with Mr. Wells, to prepare a list, and to extend the deadline in assessing the penalty until Monday, July 11, 2005.Mr. Busta seconded. Motion passed 6-0.

 

Case# 2005-05623
Owner:  Anita Pena

Address: 29 NW 99 ST

Mr. Williams Wells was there representing the property owner.  Mr. Flores explained that the violation still existed on the property. Pictures were submitted as evidence.   Mr. Wells stated that he wanted a detailed list in regard to the violation in order to come in compliance with the Village’s code.  After discussion from the Board, Mr. Quiroga made a motion to request the officer meet with Mr. Wells, to prepare a list, and to extend the deadline in assessing the penalty until Monday, July 11, 2005. Mr. Busta seconded. Motion passed 6-0.

 

Case# 2005-0588
Owner:  Anneli De Carvalho

Address: 437 NE 102 ST

Mrs. Anneli De Carvalho was present.   Mrs.  Carvalho stated that the contractor needed a copy of her driver’s license in order to obtain a permit for the driveway.  After further discussion from the Board Mr.  Quiroga made a motion to continue until August 4, 2005.  Mr.  Buenconsejo seconded. Motion passed 6-0.

 

Summary Adjudication:   Penalty Hearings
Case’s#:2005-05569, 05610, 05686, 05733, 05734, 05761, 05807, 05865, 05897, 05961, 06010

Mr. Quiroga 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. Buencosenjo seconded the motion.  Motion passed 6-0.

 

ITEM IV:REQUEST FOR RELIEF

Case#: 2004-05214
Owner: Carlos Viera
Address: 15 NE 95 St

The property owner, Carlos Viera, was there to present the case.  The property owner explained that he was waiting for the contractor to start the work on the driveway. He also stated that he spoke to Officer Orta to give him more time due to the delay on the contractor. The property owner made an offer of $1.00. Pictures were submitted to the board.  After further discussion, Mr.Viera changed his offer to $50.00. Mr. Patnick made a motion to deny the offer.  Mr. Busta seconded.  Motion failed (3-3).  (Chairman Perl, Mr. Buenconsejo and Mr. Asmus voting no). Chairman Perl made a suggestion to accept $200.00 within 30 days.  Mr. Quiroga seconded.  Motion passed 4-2. (Mr. Asmus and Mr. Buenconsejo voting no).

 

Case #: 2005-05815
Owner: Samuel Tamayo
Address: 160 NE 95 ST

The property owner, Ketly Telcine was there to present the cases.  The property owners previously made an offer of $1500.00 which it was denied. Mr. Telcine was there to present a new offer of $2000.00. Mr. Telcine stated that they have corrected all the violations. The property had several rooms for rental. After discussion from the board Mr. Vickers made a motion to accept the offer of $2000.00. Mr. Buencosejo seconded. Motion failed (2-3). Mr. Patnick, Chairman Perl and Mr. Quiroga voting no. Lien will remain 13,545.00. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2005-05765
Owner: Tyrone & Joni Harris
Address: 102 NW 93 St

The property owner, Tyrone & Joni Harris, were there to present the case.  Mr. Harris stated that he never received the certified mail.  He stated the he received the notice of lien. He also stated the he contacted Officer Orta, and as soon as possible he corrected the violation. Mr. Harris made an offer of $65.00.   After discussion from the Board, Mr. Busta made a motion to accept the offer of $65.00 to be payable in 10 days.  Mr. Patnick seconded.  Motion passed 5-1. (Mr. Asmus voted no).

 

Case #: 2005-05204
Owner: Carlos Sottil
Address: 374 NE 95 ST 

Richard Golden, attorney, was there representing Mr. Carlos Sottil (owner). Mr. Golden stated that Mr. Sottil due to the relocation of his job to Mexico, he wasn’t aware of the violations.  He made an offer of $250.00. After discussion from the Board Mr. Patnick made a motion to deny the offer. Mr. Asmus seconded. Motion passed 5-1. (Mr. Perl voted no).

 

Case #: 2005-05942
Owner: Pajovi Holdings
Tenant: Beautiful Touch/ Suze Alexander.
Address: 561 NE 87 St

The tenant, Mrs. Suze Alexander, was there to present.  Mrs. Alexander stated that due to family matters, she wasn’t aware that the occupational license has expired. The owner has already submitted the payment of the lien to the Village, and by the finance department requested the check is to be on hold.  Mrs. Alexander made an offer of $500.00 to be payable in 30 days.  After further discussion from the Board, Mr. Patnick made a motion to accept the offer.  Mr. Busta seconded.  Motion passed 4-2. (Mr. Quiroga and Mr. Buenconsejo voting no).

 

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

The property owner, Wanda Collier, was there to present the case.  Mrs. Collier stated that she obtained a permit to repair the roof on February 2005.  After discussion from the Board Mr. Asmus made a motion to deny the offer.  Mr. Busta seconded.  Motion passed 6-0. Lien will remain $11,025.00. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2004-04741, 04742, 04743
Owner: Joseph and Ketly Telcine.
Address: 9426 NW 2nd Ave

The property owner, Ketly Telcine, was there to present the cases.  The property owners previously made an offer of $2,000.00 which it was denied. Mr. Telcine was there to present a new offer of $3,000.00. 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 $3,000.00 to be payable in 60 days. Mr. Quiroga seconded. Motion passed (6-0). Lien will remain 13,545.00. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2005-05468
Owner: Matt Scroggins
Address: 445 NE 93 ST

The property owner, Matt Scroggins, was there to present his case.  The property owner made an offer of $200.00.  Mr. Scroggins stated that the notices were addressed to the previous owner.  He stated that he contacted Officer Orta to notify him that he corrected the violation. . Pictures were submitted. After discussion from the Board, Mr. Asmus made a motion to deny the offer.  Mr. Buencosejo seconded. The motion failed (3-3). Chairman Perl explained that the property owner could come back at another meeting with a new offer. Chairman Perl made a suggestion to accept $300.00 within 7 days.  Mr. Busta seconded.  Motion passed 4-2.  (Mr. Asmus and Mr. Buenconsejo voting no).

 

Case #: 2004-04993, 2004-04994
Owner: Terry Granott 
Address: 456 NE 102 ST

The property owner, Terry Granott, who was previously denied request for refund was there to present the case. The property owner made an offer of $1,000.00 and to get a refund of $2,030.00. Mr. Sarafan explained the once the lien has been released and that money has been received, the Village Manager have to authorize the refund. The Board can only recommend to the Village Manager. After discussion from the Board, Mr. Buenconsejo made a motion to authorize the Village Manager to make a refund of $2,030.00 and to accept the offer of $1,000.00.  Mr. Perl seconded. Motion failed (2-4). (Mr. Busta, Mr. Patnick, Mr. Quiroga and Mr. Asmus voting no).

 

Case #: 2004-05351
Owner: Roger Bradley
Address: 899 NE

The property owner, Roger Bradley, was there to present the case.  Mr. Bradley stated that he corrected all violations.  Pictures were submitted for evidence.  Mr. Bradley also stated that he have witness to testified that the roof was cleaned when he first got the notices on March of 2002. John Maspons stated that the roof was cleaned.  Mr. Bradley submitted a letter from Philip Booth.  Manny Quiroga recuse himself from the Board to testify as a witness.  Mr. Quiroga (9341 NE 9 Ave) a neighbor, stated that the roof was always dirty and had a tarp on it. He also stated that the property was in poor conditions.  Mr. Berg testified that he passed by the property many times, since employment with the Village, and he noticed that the roof was dirty and hadn’t been cleaned. Mr. Bradley made an offer of $200.00.  After discussion, Mr. Bradley change his offer to $5,000.00.  After discussion from the Board, Mr.Patnik made a motion to accept the offer of $5,000 to be payable in 60 days. Mr. Buenconsejo seconded.  Motion passed 4-1.  (Mr. Asmus voted no).

 

Case #: 7619
Owner: Gertha Lalanne
Address: 38 NW 108 St

Mr. Hervay Zamor, was there representing the property owner.  Mr. Zamor stated that he corrected the violation.  Mr. Zamor made an offer of $500.00.  After discussion, Mr. Zamor changed his offer to $750.00.  After discussion from the Board, Mr. Patnik made a motion to accept $750.00 to be payable in 10 days.  Mr. Buenconsejo seconded.  Motion failed 2-4.  Mr. Asmus, Mr. Busta, Mr. Quiroga, and chairman Perl voting no.  Mr. Perl made a suggestion to accept $1,000.00 to be payable in 30 days.  Mr. Buenconsejo seconded.  Motion passed 4-2.  (Mr. Asmus and Mr. Quiroga voting no).

 

ITEM V. NEXT MEETING.

The next meeting will be on August 4, 2005

 

ITEM VI. ADJOURNMENT

Mr. Quiroga made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 6-0.  Meeting was adjourned at 10:30 PM

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