LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 3, 2005

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 3, 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

Robert Vickers

Manny Quiroga

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

Irene M. Fajardo, Administrative Assistant

Emilia S Palmer, Training

 

All persons testifying were sworn in at this time.

ITEM I: FEBRUARY 6, 2004 MINUTES

Mr. Asmus made a motion to approve the January 6, 2005 minutes with amended corrections.  Mr. Busta seconded the motion. The vote was unanimous in favor. 

 

ITEM II: FIRST HEARING

Case #: 2004-05017
Owner: David Wright &W Mary Ellen Ahearn
Address: 299 NE 99 St.
Violations: Section 12-133; Unsightly Fascia, Soffit, house exterior

The officer, Anthony Flores, explained the nature of the violation and testified that the violation still existed on the property. He briefly explained that he gave three months to complete the painting on the property. He also stated that the permit has expired.   The property owner,   Mr. Wright was there to present the case.  Mr. Wright explained that due to medical issues he couldn’t come into compliance and stated that he will have it done in 30 days. He also stated that he renewed the permit. 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 Section 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by April 6th, 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 7-0. 

 

Case: 2004-05187
Owner: Sidney Reese Jr.
Address: 9655 Biscayne Boulevard
Section. Bldg. 12-333
Violations: Unsightly fascia, soffit, house exterior

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. Chairman Perl disclosed that he visited the property. Mr. Asmus, Mr. Vickers, Mr. Busta, and Mr. Quiroga also visited the property. Mr. Patnick and Mr. Buenconsejo did not visit the property.  Mr. Reese was there to present the case. Mr. Reese stated that he does not agree with violation and Code Section. He submitted pictures to the Board. Mr. Busta testified that copper filling were made to look or make the tile looked aged or dark.  Mr. Perl stated that he observed some mildew on the roof.  After further discussion, Mr. Vickers 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 April 6th, 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. Chairman Perl seconded the motion. Motion passed 6-0. (Mr. Busta Voted no). 

 

Case: 2005-05449
Owner: Anthony P and Heather K Zibelli
Address: 400 N.E 102 St
Section: Bldg. 10-10
Violations: vegetation on public ways

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property.  Mr. Flores stated that no new vegetation was allowed to be planted in the right way. This was due to previous accident that occurred when a garbage truck backed over a worker because he could not see him.  Mr. Zibelli was there to present the case. Mr. Zibelli stated that he doesn’t agree with the violation. He agreed to maintain the hedges.  He submitted pictures showing other houses with hedges overgrown. Mr. Zarafan read the violation on Section 10-10. The Board Members stated that the hedges were planted in the right of way past the property line. Owner stated that he is not clear on that line.  Mr. Buenconsejo moved for a finding of fact and a conclusion of law that a violation exists according to Section 10-10 of the Miami Shores Village Code.  The violator shall correct the violation by April 6th, 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. Perl seconded the motion. Motion passed 4-3. (Mr. Busta, Mr. Quiroga and Mr. Perl Voting no). 

  

Case# : 2004-05430
Owner:  Anita Pena
Address: 29 NW 99 St, Miami Shores
Section: 518 (a)/ 518(b)
Violation: Hedge/Fence higher than allowed / Unlawful materials

Mr. Williams Wells was there to represent Mrs. Pena and to present the case.  He stated that he needed more time and requested public records for all personnel files and police officers.  Mr. Orta explained the nature of the violations and testified that the violations still existed on the property.  After further discussion, Mr. Busta made a motion to continue the case until April 7, 2005.  Mr. Patnick seconded the motion.  Motion passed 4-3.  (Mr. Buenconsejo, Mr. Quiroga and Mr. Vickers voting no).

 

Case# : 2005-05442
Owner:  Manuel and Melynda Hadad
Address: 104 NW 110 St
Section: 518 (a)/ 518(b)
Violation: Hedge/Fence higher than allowed / Unlawful materials

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. Anthony stated that slats are prohibited by the Village Code.  Mr. Hadad was there to present the case. He stated that he doesn’t agree with violation and explained that those are not slats, they are fence coverings. He also stated that he obtained a permit that passed with no problem with the slats on the fence. Mr. Flores stated that the Building Department does not enforce the slats in fences. The permit did not include slats as part of a fence. Mr. Vickers 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 April 6th, 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. Asmus seconded the motion. Motion passed 7-0. 

 

Case# : 2004-05239
Owner:  Juana D Mendez
Address: 167 NW 103 St
Code: Bldg. 12-128
Violation: Weather/ water tight structures

The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. He explained that the insurance company just granted a settlement to the owner for the repair of the roof, and that Mrs. Mendez has applied for a permit which is ready for pick up. After further discussion Mr. Quiroga made a motion to continue the case until April 7, 2005. Mr. Buenconsejo seconded the motion. Motion passed 7-0

 

Summary Adjudication:
Case’s# 2004-5234, 5255, 5256, 5434, 5437, 2005-05468, 05481, 05494, 05497, 05502, 05505, 05516

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  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 lean 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 7-0

 

ITEM III: PENALTY HEARINGS

Case #: 2004-05104
Owner: Max Sturman
Address: 107 NE 96 ST

The property owner, Max Sturman, was there to present his case. Mr. Sturman is requesting a continuance to appeal. He hasn’t filed an application to appeal the paint denial with the Planning & Zoning Board. He explained that he submitted new color paint application to Mr. Berg, and that after two weeks his application was denied.  He stated that he does not believe that the lime paint streaks on his house and depreciate the property.   After a brief discussion, Mr. Quiroga made a motion to continue the case for April 7, 2005.  Mr. Asmus seconded the motion.  Motion passed 7-0.

 

Summary Adjudication:
Case’s#:2004-04830, 4831, 5071, 5279, 5280, 5281, 5294, 5295, 5296, 5310, 5405, 5444

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 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 #: 2004-04993
Owner: Terry Granot
Address: 456 NE 102 St.

The property owner was, Terry Granot, was there to present the case. Mrs. Granot was there to get a partial refund of $2,666.00 of the total amount that she paid ($3,030.00). Mrs. Granot got denied full refund last month.   She explained that she never received any documents regarding any violations. She also stated that she never lived on the property. After further discussion, Mr. Asmus moved to deny the offer. Mr. Vickers seconded the motion.  Motion passed 7-0. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

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

The property owner, Mernier Sainvil, was there to present his case.  Mr. Mernier explained that he had come into compliance on February 18, 2005.  He stated that he discover about the lien when he went to refinanced the property. Mr. Sainvil is proposing to pay $1,000.00. After further discussion, Mr. Asmus made a motion to deny the proposed offer.  Mr. Patnick seconded the motion. Motion passed 7-0. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2000-01307, 1311, 2003-04540
Owner: Jacques Marie Salomon
Address: 425 NW 111 St.

The property owner, Marie Solomon, was there to present the case.  Ms. Salomon was there to propose a payment of $1,500.00. Ms. Salomon offered of $1000.00 got denied last month. She explained that she was very ill and could not bring the property into compliance in a timely manner.  After a brief discussion, Mr. Asmus made a motion to deny the offer of $1,500.00.  Mr. Patnick seconded the motion. Motion passed 7-0. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

ITEM V. NEXT MEETING.

The next meeting will be on April 7, 2005

 

ITEM VI. ADJOURNMENT

Mr. Busta made a motion for adjournment.  Mr. Quiroga seconded the motion.  Motion passed 7-0. 

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