LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 3, 2004

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 6, 2003, 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

John Busta

Robert Vickers

Rod Buenconsejo

ALSO PRESENT

Al Berg, Code Enforcement and Planning and Zoning Director

Anthony Flores, Code Enforcement Officer

Richard Sarafan, Village Attorney

Irene M. Fajardo, Administrative Assistant

 

All persons testifying were sworn in at this time.

ITEM I: JUNE 3, 2004 MINUTES

Mr. Quiroga made a motion to approve the June 3, 2004 minutes.  Mr. Buenconsejo seconded the motion. The vote was unanimous in favor. 

 

ITEM II: FIRST HEARING

Case #: 2004-04719, 2004-04720
Owner: Jackson Ahlstedt
Address: 46 NW 94 St.
Violation: 20-17;520(i): Failure to maintain parkway
                  537: Landscaping design and maintenance
                  520(h)(i): Deteriorated driveways and approaches

The officer, Hillary Skumanich, 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 property owner, Jackson Ahlstedt, was there to present the cases.  Mr. Ahlstedt did not agree that violations existed as stated in the Notice of Violations he received.  He explained that the violations he was written for do not coincide with the code sections. He also explained that deterioration of the grass occurred after repairing the septic tank, which he believed that the bond he paid at the building Dept., would cover the costs to repair the grass.  He does not believe he is compelled by the Ordinance to improve the public right of way.  The Board members reviewed the sections of the code as stated in the Notices of Violation.  They discussed how the code sections pertain to each of the violations and explained it to Mr. Ahlstedt.  After discussion, the Board members believed that Officer Skumanich used the correct code sections. Mr. Ahlstedt did not agree with the violations.   

For Case 204-04719:  After further discussion from the Board, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Sections 20-17, 520(i), and 537 of the Miami Shores Village Code.  The violator shall correct the violation by July 1, 2004.  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 $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. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Quiroga voted no). 

For Case 2004-04720: After further discussion from the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Sections 520(h)(i) of the Miami Shores Village Code.  The violator shall correct the violation by July 1, 2004.  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 $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. Vickers seconded the motion.  Motion passed 6-1. (Mr. Quiroga voted no).

 

Case’s #: 2003-04512, 4713, 4714
Owner: Stephen Harper and Odalys Acosta
Address: 29 NW 94 St.
Violation: 518(a)/518(b): Hedge/fence higher than allowed and unlawful material used.
                  20-17, 520(i):   Failure to maintain parkway
                  537: Landscaping design and maintenance
                  520(h)(i): Deteriorated driveways and approach
                  521(b)1(a): Unlawful loose material

The officer, Hillary Skumanich, 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 property owner, Stephen Harper, was there to present his case.  For case 2004-04712, Mr. Harper agreed that a violation existed and brought the violation into compliance.  In regards to cases 2004-04713 and 2004-04714, Mr. Harper, who is the previous owner’s neighbor, also believed that the code sections he was cited for did not pertain to the violations.  He did not believe that he was in violation of the implied codes and therefore, no compliance was needed.  The Board reviewed the code sections he was cited for and discussed how each section of the code pertains to the particular violation.

For Case 2004-04712: Mr. Asmus made a motion to close the case.  Mr. Patnick seconded the motion.  Motion passed 7-0.

For Case 2004-04713 and 2004-04714: After further discussion from the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that violations exist according to Sections 20-17, 520(i), 520(h)(i), and 521(b)(1)a of the Miami Shores Village Code.  The violator shall correct the violations by August 4, 2004 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by the specified date, 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, per violation, starting on the dates of original compliance given in the Notices of Violation. This will constitute liens 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 6-1.  (Mr. Quiroga voted no).

 

Case: 2003-04660
Owner: David Howard
Address: 55 NE 97 St.
Violation: Bldg. 6-4: Unauthorized construction and alteration

The officer, Hillary Skumanich, explained the nature of the violation and testified that the violation still exists on the property. Pictures were submitted to the Board as evidence.  The property owner, David Howard, was there to present his case. Mr. Howard agreed that a violation exists on the property and that he was in the process of obtaining product approval before obtaining the final inspection on the permit.  After a brief discussion, Mr. Asmus made a motion to table the case until the next meeting, July 1, 2004.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1.  (Chairman Perl voted no).

 

Case: 2003-04773
Owner: Victor Chaumont
Address: 126 NW 108 St.
Violation: Bldg. 6-4: Unauthorized construction and alteration

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still exists on the property. The Building Official, Curtis Graig, informed Anthony that demolition and septic work were done without permits.  Pictures were submitted to the Board as evidence.  The property owner, Victor Chaumont, was there to present his case.  Mr. Chaumont agreed that a violation exists on the property and will get all the necessary permits to bring the property into compliance.  After further discussion from the Board, Mr. Buenconsejo moved for a finding of fact and a conclusion of law that a violation exists according to Building Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by August 4, 2004.  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 $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. Quiroga seconded the motion.  Motion passed 7-0.

 

Summary Adjudication:
Case’s# 2003-04333, 4367, 4368, 4505, 4656, 4692, 4717, 4718, 4733, 4741, 4742, 4743, 4749, 4750, 4755, 4758, 4759, 4805,

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. Buenconsejo seconded the motion.  Motion passed 7-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s#:2003-04560, 4593, 4629, 4643, 4786.

Mr. Buenconsejo 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. Vickers seconded the motion.  Motion passed 7-0.

 

ITEM IV:REQUEST FOR RELIEF

Case #: 2002-03920
Owner: Rene Gonzalez
Address: 89 NW 110 St.

The attorney, Richard Goldman, was there to represent the property owner, Rene Gonzalez.  He made a new offer of $2,000.00 since the previous offer of $1,000.00 was denied.  After a brief discussion Mr. Patnick made a motion to accept the new offer of $2,000.00 payable in ten days or the lien will revert back to the original amount of $5,175.00.  Mr. Buenconsejo seconded the motion.  Motion passed 5-2. (Mr. Asmus and Mr. Quiroga voted no).

 

Case #: 2002-02452
Owner: Guy O’Grady
Address: 800 NE 96 St.

The attorney, Christopher Kelley, was there to represent the owner and present the case.  Mr. Kelley explained that the property owner thought that he was in compliance once the permits were issued.  Mr. Berg stated that the permits were pulled but the work was never completed.  Staff adjusted the fines to stop running on October 24, 2002, when the final inspection was done for the work in the property.  This was done in an effort to help Mr. O’Grady with the release of the lien. The Board discussed the amount of time it took for the property to come into compliance.  After further discussion, Mr. Buenconsejo made a motion to deny the offer of $500.00 and the lien will remain at the original amount of $4,665.00. Mr. Asmus seconded the motion/.  Motion passed 7-0. 

 

Case #: 2003-04287
Owner: Yvonne Watson
Address: 82 NW 98 St.

The property owner, Yvonne Watson, was there to present her case.  Ms. Watson explained that she requested additional time but that the request was denied.  Evidence in the file showed that Ms. Watson was given several continuances. The Courtesy Notice was first posted on October 15, 2003.  After a brief discussion, Mr. Vickers denied the offer of $300.00 and the lien will remain at the original amount of $2,765.00.  Mr. Asmus seconded the motion.  Motion passed 7-0. 

 

Case #: 2000-04246
Owner: Dr. James Rosado
Address: 148 NE 110 St.

A letter from the property owner Dr. James Rosado was submitted to the Board stating that the tenant, Tosin Atolagbe would represent him.  Mr. Atolagbe was there to represent he owner and present the case.  Mr. Atolagbe explained that it took longer than expected to have the vehicle registered in Florida.  He stated that documents were mailed back and forth from California.  The Board asked to see the documents.  Mr. Atolagbe did not have the documents with him. The original offer of $50.00 was changed to $100.000.  After further discussion, Mr. Patnick made a motion to deny the offer of #$100.00 and the lien will remain at the original amount of $2,790.00.  Mr. Asmus seconded the motion.  Motion passed 4-3. (Mr. Vickers, Mr. Quiroga, and Mr. Buenconsejo voted no).  Mr. Asmus requested that Mr. Atolagbe come back next month with a new offer and the documents that show when he first applied for the Florida vehicle registration.

 

Case #: 5905, 5907, 7339, 7542
Owner: Polius Fertilise Salnave
Address: 318 NW 111 Terr.

The property owner, Polius Salnave, was there to present her case.  Her nephew, Anderson Mathews, was there to speak on her behalf.   Mr. Mathews explained that Ms. Salvane was going through a divorce during the time the violations were written.  He stated that she did her best to comply.  The Board discussed the length of time the violations were active and asked for staff’s recommendations.  Staff recommended to accept the offer and stated that the property has never looked better. After a brief discussion, Mr. Vickers made a motion to accept the offer of $2,000.00 payable in thirty days or the lien reverts back to the original amount of $19,019.16.  Mr. Quiroga seconded the motion.  Motion passed 4-3.  (Mr. Asmus, Mr. Patnick, and Chairman Perl voted no).

 

Case #: 9053, 477, 642, 1319, 478, 1318
Owner: Rodrigue and Charitable Delhome
Address: 262 NW 111 Terr.

The property owner, Charitable Delhome, was there to present the case. Ms. Delhome was not aware that liens existed in the property.  She stated that she did not have communication with the officer who wrote her the violations.  She also explained that she did her best to bring the property into compliance.  The Board asked her if she wanted to change her offer of $90.00.  Mrs. Delhome did not want to change her offer.  After further discussion, Mr. Buenconsejo made a motion to deny the offer of $90.00 and the lien will remain at the original amount of $33,435.00.  Mr. Asmus seconded the motion. Motion passed 7-0.

 

Case #: 2003-03936
Owner: Ximena Johnson
Address: 5 NE 105 St.

The property owner, Ximena Johnson, was there to present the case.  Ms. Johnson explained that she did not repair the roof immediately because it was too expensive.  The Village attorney, Richard Sarafan, inquired about releasing only the lien for the roof and not the other cases which also have liens.  Ms. Johnson stated that she only wanted to take care of the case before them. The Board asked if Ms. Johnson wanted to change her offer.  She did not want to change her offer of $700.00.  After a brief discussion, Mr. Asmus made a motion to deny the offer of $700.00 and the lien will remain at $4,015.00.  Mr. Vickers seconded the motion.  Motion passed 7-0.

  

Case #: 2004-04739
Owner: Archille Gervais
Address: 119 NW 110 St.
Violation: Sec. 20-17;520(i): Failure to maintain parkway.

The property owner Archille Gervais arrived late at the meeting.  Mr. Patnick made a motion to set aside the previous adjudication and hear a new one.  Mr. Busta seconded the motion.  Vote passed unanimously.  The officer, Anthony Flores, explained the nature of the violation and testified that the violation still exists on the property. Pictures were submitted to the Board as evidence.  The property owner, Mr. Gervais, was there to present the case.  He was sworn in for the record.  Mr. Gervais stated that he did not receive notice of the violation from the officer, Anthony Flores.  He also explained that he did not have contact with the officer. Evidence in the file showed proper notification from staff.  Mr. Gervais also stated that he installed a sprinkler system which was then cited as a violation.  Officer Flores explained that the sprinkler system was installed without a permit.  Mr. Gervais explained that the deteriorated grass will not grow without a sprinkler system.  The Board members requested that Mr. Gervais obtain an approved permit for the sprinkler and take care of the deteriorated grass.  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 Sections 20-17 and 520(i) of the Miami Shores Village Code.  The violator shall correct the violation by August 4, 2004.  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 $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 7-0.

  

ITEM V. NEXT MEETING.

The next meeting will be on July 1, 2004.

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 7-0.  The June 3, 2004 meeting of the Code Enforcement Board was adjourned at 9:30P.M.

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