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CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 2, 2005

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 2, 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

Rod Buenconsejo

John Patnik

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

John Busta

Barry Asmus

 

All persons testifying were sworn in at this time.

 

***Financial Disclosure Report from Miami Dade County was disclosed by ***Chairman Perl and he stated to each member to submit report by July 1, ***2005.

 

ITEM I: APRIL 7, 2005 MINUTES

Chairman Perl made a motion to approve the May 5, 2005 minutes with corrections. Mr. Vickers seconded the motion.  The vote was unanimous in favor. 

 

ITEM II: FIRST HEARING

Case #: 2005-05907
Owner: 7800 NE 2nd Ave LTD
Tenant: Hipolite Marcelin
Address: 9723 NE 2nd Ave
Section: 12-211 (a)
Violations:  Unlawful occupancy

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 stated that Mr. Berg has issued a courtesy notice to evacuate the premises.  Mr. Flores testified that the tenant is operating Sunday service on in a B -1 District where the Code requires churches to be in the CF zone. He also stated that the site is not Planning and Zoning approved.  Hipolite Marcelin (tenant) was there to present the case.  Mr. Marcelin agreed that the violation exist.  He stated that he is conducting  christian education. Mr. Sarafan suggested to the owner to contact Reverend John Pierre for advice him on locations for the church.  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 12-211 (a) of the Miami Shores Village Code.  The violator shall correct the violation by July 6, 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 $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 5-0. 

 

Case: 2005-05878
Owner: Lyonel Noel & Anne Dornezza
Address: 43 NW 110 St
Section: 20-17; 520 (i)
Violation: Failure to Maintain Parkway.

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 the property owner needed to  sod or put a new driveway.  Mr. Lyonel Noel was there to present the case. Mr. Noel agreed that the violation exist. Mr. Lyonel stated that he need’s more time to finish sodding the parkway. 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 and 520 (i) of the Miami Shores Village Code.  The violator shall correct the violation by July 6, 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. Vickers seconded the motion. Motion passed 5-0.

 

Case: 2005-06002
Owner: David Leira/Zoilita Real Estate Properties
Address: 805 NE 95 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. Officer Orta explained that the property has a shed not approved by the city and was install without a permit. Mr. David Leira (owner) was there was there to present the case.  Mr. Leira agreed that the violation exists. Mr.Leira stated when he purchased the property the shed was already on the property. After discussion from the Board, Mr. Vickers 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 August 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 $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 5-0.

 

Summary Adjudication:
Case’s# 2004-05022, 05322, 05351, 05354, 05355, 2005-05569, 05610, 05622, 05643, 05686, 05688, 05704, 05716, 05724, 05733, 05734, 05757, 05761, 05768, 05804, 05807, 05865, 05870,05877, 05885, 05893, 05897, 05937, 05939, 05961, 05998, 06010, 06020

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. 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  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

 

 Mr. Quiroga made a motion to hear case# 2004-05351 to the end. Mr. Buenconsejo seconded. Motion passed 5-0.

 

ITEM III: PENALTY HEARINGS

Case# 2005-05466
Owner:  Yvan & Ketly Frederic
Address: 9325 NW 2 CT

Mr. Yvan Frederic (owner) was there to present the case.  Mr. Frederic stated that he is waiting for the insurance company to issue the funds to replace the roof.  Mr. Frederic is requesting more time to clean and paint the roof. Mr. Quiroga made motion to continue the case until August 4, 2005.  Mr. Vickers seconded.  Motion passed 5-0.

 

Summary Adjudication:
Case’s#:2004-05200, 05214, 05231, 05386, 05387, 2005-05438, 05531, 05597, 05647, 05650, 05689, 05690, 05765,05805, 05809, 05815, 05936

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 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. Buencosenjo seconded the motion.  Motion passed 5-0.

 

ITEM IV:REQUEST FOR RELIEF

Case#: 2004-04786
Owner: Christian and Jessica Best
Address: 186 NE 108 St

The property owner, Jessica Best was there to present the case.  That property owner explained that she had complied with the violation, but she never knew that she have to contact the officer.  Mr. Sarafan explained that the property was in foreclosure, and stated the Village was named as a defendant due to the liens on the property.    He also testified that the bank provided a check of $500.00 for partial payment of the fine.  The property owner made an offer of $50.00. Pictures were submitted to the board.  After further discussion Mrs. Best change her offer to $300.00. Lien will remain  Mr. Patnick made a motion to deny the offer.  Mr. Vickers seconded.  Motion passed (5-0).  Chairman Perl explained that the property owner could come back to another meeting with a new offer or proof of time of compliance.

 

Case #: 2003-04743, 4741, 4742
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 $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 #: 8834, 8383
Owner: Luis Caso
Address: 27 NW 109 ST

The property owner Luis Caso was there to present his case.  The property owner made an offer of $100.00.  Mr. Caso stated that the title company and the previous owners never disclose that there was open violation on the property.  Chairman Perl stated that it was the title company responsibility to disclose the violation, and for the owners best interest he should hire an attorney.  After discussion Mr. Caso change his offer to $500.00.  Mr. Patnick made a motion to deny the offer.  Mr. Buencosejo seconded.  Motion passed (5-0). Chairman Perl explained that the property owner could come back at another meeting with a new offer.  Chairman Perl made a motion to accept $24,750 to be paid within 90 days.  Mr. Vickers seconded.  Motion passed (5-0).

 

Case #: 2000-01307, 01311, 2003-04540
Owner: Jacques Marie Salomon
Address: 425 NW 111 St

The property owner Jacques Marie Salomon who was previously denied request for relief was there to present the case. The property owner made an offer of $3000.00.  After discussion from the Board, Mr. Quiroga made a motion to accept the offer of $3,000.00 payable within 60 days or the lien will revert back to the original amount of $70,020.00.  Mr. Buencosejo seconded. Motion passed (3-2) Chairman Perl and Mr. Patnick voting no.

 

Case #: 2004-05351
Owner: Barry Asmus
Address: 515 NE 101 St

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property.  Mr. Flores stated that he gave Mr. Asmus several extensions for the carport and the screen enclosures. Pictures were submitted.  The property owner Barry Asmus who wasn’t present. After discussion Mr. Quiroga made a motion to amend the summary of adjudication 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. Vickers seconded the motion.  Motion passed 5-0

 

ITEM V. NEXT MEETING.

The next meeting will be on July 7, 2005

 

ITEM VI. ADJOURNMENT

Mr. Quiroga made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 5-0.  Meeting was adjourned at 8:30 PM

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