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CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 4, 2004

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 4, 2004, 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 

Robert Vickers

Rod Buenconsejo

John Busta

Manny Quiroga

ALSO PRESENT

Al Berg, Code Enforcement and Planning and Zoning Director

Anthony Flores, Code Enforcement Officer

Hillary Skumanich, Code Enforcement Officer  

Richard Sarafan, Village Attorney

Irene M. Fajardo, Administrative Assistant

 

All persons testifying were sworn in at this time.

ITEM I: FEBRUARY 5, 2003 MINUTES

Mr. Asmus made a motion to approve the February 5, 2003 minutes with the amended corrections.  Mr. Busta seconded the motion.  The vote was unanimous in favor. 

ITEM II: FIRST HEARING

Summary Adjudication:
Case’s# 2003-04298 2003-04299 2003-04300 2003-04301 2003-04330 2003-04375 2003-04466 2003-04474 2003-04490 2003-04492 2003-04508 2003-04540 2003-04541 2003-04556 2003-04569

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. Busta 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. Vickers seconded the motion.  Motion passed 7-0.

 

ITEM III: PENALTY HEARINGS

Case #: 2003-04337
Owner: Nordy Beauvais
Address: 54 NW 103 St.

The officer, Hillary Skumanich, testified that violations still existed on the property. Officer Skumanich explained that the vehicle was being used for storage and not for driving.  Pictures were submitted to the Board as evidence of the violation.  The property owner, Nordy Beauvais, was there to present the case.  Mr. Beauvais stated that there is a current tag on the vehicle but that it is not drivable since it is being used for storage.  After a brief discussion, Mr. Busta made a motion to remove the vehicle from the property within twenty four hours or a lien will be imposed on the property.  Mr. Quiroga seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Case #: 2003-04287
Owner: Ian Aiken and Ivonne Watson
Address: 82 NW 98 St.

The officer, Hillary Skumanich, testified that violations still existed on the property.  Officer Skumanich explained that Ms. Watson pulled a permit to paint the house but she has not started the job.  Pictures were submitted to the Board as evidence of the violation. The property owner, Yvonne Watson, was there to present the case.  Ms. Watson explained that she was waiting to put a new roof before she painted the house.  The Board discussed the issue of the new roof and how that would affect the painting of the house.  The Board also discussed the various continuances give by Officer Skumanich.  After a brief discussion Mr. Vickers made a motion to impose the fines previously adjudicated in the Enforcement Order.  Mr. Quiroga seconded the motion.  Motion passed 7-0. 

 

Summary Adjudication:
Case’s#: 2003-03959 2003-04246 2003-04366 2003-04373 2003-04420

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

 

ITEM IV:REQUEST FOR RELIEF

Case #: 2002-03135
Owner: Chantal Watson
Address: 165 NW 99 St.

The property owner, Ms. Watson, was there to present the case.  She explained that she came into compliance before the date shown on the file.  The registration was submitted to the Board as evidence.  The registration showed that Ms. Watson was out of compliance for five months.  After a brief discussion, Mr. Asmus made a motion to deny the offer of $50.00.  Mr. Quiroga seconded the motion.  Motion passed 7-0.

 

Case #: 2000-00905
Owner: Hilda Alcindor
Address: 10320 NW 2 Ave.

The property owner, Hilda Alcindor, was there to present her case. Ms. Alcindor stated that she came into compliance before the date shown on the file.  She didn’t know that she had to notify the officer when the property was brought into compliance.  A permit was submitted to the Board as evidence of the actual compliance date.  After further discussion, Mr. Vickers made a motion to accept the offer of $500.00 payable in thirty (30) days or the lien reverts back to the original amount of $4,190.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Case #: 2002-02295 2000-01741 2000-00647
Owner: Ulric Francis
Address: 29 NE 96 St.

The property manager, Barbara ray, was there to represent the owner and present the case.  Ms. Ray explained that the owner was having problems with the roofing company who were doing the roof on the house.  She also explained that she was not aware of the time limits on the Notices of Violation.  A letter written by the property owner, Mr. Ulric, was read into the record.  The Board discussed the length of time it took to bring the property into compliance.  After a brief discussion, Mr. Vickers made a motion to deny the offer of $1,000.00.  Mr. Asmus seconded the motion.  Motion passed 7-0.

 

Case #: 2000-02026 2000-00814
Owner: Charles McDowell
Address: 56 NW 93 St.

John Penson was there to represent the new owner, Ashton Wood and the previous owner Charles McDowell, and present the case.  A letter written by Mr. McDowell gave Ashton Wood and Jason Penson, authorization to speak on his behalf. Mr. Penson explained that the previous owner, Mr. McDowell, was very ill and could not bring the property into compliance.  Mr. Ashton Wood stated that he has plans to upgrade and beautify the property.  After a brief discussion, Mr. Vickers made a motion to accept the offer of $8,500.00 payable in forty five (45) days or the lien reverts back to the original amount of $35,680.00.  Mr. Quiroga seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

Case #: 2003-03876
Owner: Joseph and Patricia Toussaint
Address: 9818 NW 1 Ave.

The property owner, Patricia Toussaint, was there to present the case.  Mrs. Toussaint explained that she is an absentee owner and that she is having problems with her current tenants.  She stated that she did not receive notice of the violation since they were sent to the property. She also stated that she did not feel that it was her full responsibility to maintain the property.  Evidence in the file showed that the tax records did not reflect a different mailing address.  Mrs. Toussaint also explained that she is in the process of trying to evict the current Section 8 tenants.  After a brief discussion from the Board in regards to the tenants, Mr. Quiroga made a motion to deny the offer of $100.00.  Mr. Vickers seconded the motion.  Motion passed 7-0.

 

ITEM V. NEXT MEETING.

The next meeting will be on April 1, 2004.

 

ITEM VI. ADJOURNMENT

Mr. Quiroga made a motion for adjournment.  Mr. Asmus seconded the motion.  Motion passed 7-0.  The March 4, 2004, meeting of the Code Enforcement Board was adjourned at 8:00P.M.

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