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CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 5, 2005

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 5, 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

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

 

All persons testifying were sworn in at this time.

 

ITEM I: APRIL 7, 2005 MINUTES

Mr. Quiroga made a motion to approve the April 7, 2005 minutes with amended corrections. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor.

 

ITEM II: FIRST HEARING

Case #: 2005-05815
Owner: Samuel & Teresa Tamayo
Address: 160 NE 95 St
Section: Bldg. 6-4
Violations:  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 stated that Public Works had noticed a driveway installation with a two year old expired permit.  Mr. Samuel Tamayo was there to present the case.  Mr. Tamayo agreed that he was in violation and stated that he already applied for a permit. He also requested an extansion. Officer Orta stated that the sidewalk needed some repairs. 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 Bldg 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by June 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 $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. Patnik seconded the motion. Motion passed 7-0. 

 

Case: 2005-05796
Owner: Donald W Stobs Jr
Address: 9505 NE 2 Ave
Section: 20-17; 520 (i)
Violation: Failure to Maintain Parkway.

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 the driveway and swale area is deteriorated.  He also stated that the driveway was previously installed without a permit.  Mr. Donald Stobs was there to present the case.  Mr. Stobs doesn’t agree with violation. Mr. Stobs stated that he is not responsible on maintain the swale area of the property. Chairman Perl explained that the area between the sidewalk and the swale area is the owner responsibility to maintain it, even though is the city property.   Mr. Busta 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 7-0.

 

Case: 2005-05622
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 400/401 and Bldg. 6-4
Violation: Violation of Schedule of Regulations and 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. Officer stated that 50% of the pavers had been removed. Mr. William Wells was there representing Anita Pena.  Mr. Wells agreed that the violation exists.  Mr. Wells stated that he needed more time to correct the violation.  Mr. Asmus made a motion to table. Mr. Buenconsejo seconded the motion. Motion passed 7-0.

 

Case: 2005-05623
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 537
Violation: Landscaping Design & Maintenance

Section: 537 (a) (b) (c) (d) (e) (f)

Violation: Maintenance Standards

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 testified that the owner is working on removing the vine of the roof and fixing the back yard landscaping. Mr. Williams Wells was there representing Anita Pena.  Mr. Wells agreed that the violation exists.  Mr. Wells stated that he needed more time to correct the violation. 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 537 (a) (b) (c) (d) (e) (f) of the Miami Shores Village Code.  The violator shall correct the violation in 60 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 $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. Busta seconded the motion. Motion passed 6-1. Mr. Patnik voted no.

 

Case: 2005-05664
Owner: Etzer & Josette Zamor
Address: 45 NE 104 ST
Section: 521 (a) (1) a;
Violation: Unlawful Loose Material

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 stated that gravel material is present in the driveway and approach.  Mr. Etzer Zamor and Mrs.Josette Zamor were there to present the case. Mr. Zamor agreed that the violation exists.  Mr. Sarafan read Sections 521 (b) (1) (a), and explained that gravel driveways had always been prohibited in Miami Shores.  Mr. Zamor feels that the driveway is grandfathered in. After further discussion Mr. Patnik stated that on 1992 courtesy’s notices were issue to all residents with gravel driveways, and it was advertised in the newspaper. Mr.Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 521 (b) (1)(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 $15.00 per violation 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 the Village’s expenses in prosecuting the violations to date. Mr. Patnik seconded the motion. Motion passed 7-0.

 

Summary Adjudication:
Case’s# 2004-05200, 05266, 05438, 05466,05531, 05573, 05574, 05597, 05647, 05650, 05668, 05689, 05690, 05700, 05763, 05765, 05805, 05809, 05824, 05832, 05843,  05906, 05936

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. Vickers seconded the motion.  Motion passed 7-0

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s#:2004-05224, 05290, 05292, 05394, 05435, 05443, 05451, 05452, 05472, 05560, 05562, 05648, 05649, 05779, 05942

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

 

ITEM IV:REQUEST FOR RELIEF

Case#: 2005-05516
Owner: Nicolle Guillet
Address: 25 NE 103rd St

The property owner, Nicolle Guillet, was there to present the case.  Mrs. Guillet made an offer of $100.00.Mr. Guillet stated that the items were removed from the property.  After brief discussion, Mr. Quiroga made a motion to remove the fines and to pay the administrative fee of $30.00, to be paid within 30 days or it will reverse to original amount. Mr. Buenconsejo seconded the motion. Motion passed 5-2. (Mr. Asmus and Chairman Perl voting no.)

 

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 made an offer of $1,500.00. Mr. Telcine stated that they have completed all the violations. Mr. Berg presented pictures to the boar and explained that the property had several rooms for rental. After discussion from the board Mr. Asmus made a motion to deny the offer of $1,500.00. Mr. Quiroga seconded. Motion passed 7-0. Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2003-04366
Owner: Nancy Sullivan
Address: 270 NE 100 St.

The property owner, Nancy Sullivan and her attorney Richard Goldman. were there to present the case. Mrs. Sullivan made an offer of $100.00 to release the lien. Mr. Goldman stated that her client had complied on time. He also stated that she tried to contact the officer several times. After a brief discussion, Mr. Quiroga made a motion to accept the staff recommendation of 200.00 to be paid within 10 days or it will reverse to original amount.  Mr. Buenconsejo seconded the motion. Motion passed 5-2. (Mr. Asmus and Mr. Patnik voted no.)

 

Case #: 2004-05256
Owner: Bruno Libonatti
Address: 10401 NE 6 Ave

The property owner, Bruno Libonatti was there to present the case.  Mr. Libonatti made an offer of $100.00 to release the lien.  Mr. Libonatti stated that after he had applied for a permit he was under the impression that he had more time, due that the permit expired in six months. After a brief discussion, Mr. Quiroga made a motion to accept the staff recommendation of $250.00 to be paid in 5days or it will reverse to original amount. Mr. Patnik seconded the motion. Motion passed 6-1. Mr. Asmus voted no.

 

Case #: 2000-01941, 1081, 3319
Owner: Jean & Elvia Romelus
Address: 201 NW 91 ST

The property owner, Elvia Romelus was there to present the cases.  Officer Orta testified that he wrote up for the same violation for the doors and windows.  Mrs. Romelus stated that she wasn’t aware of the violation.  After brief discussion from the Board, Mr. Asmus made a motion to deny the request.  Mr. Patnick seconded.  Motion passed  6-1. (Mr. Busta voted no). 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 June 2, 2005

 

ITEM VI. ADJOURNMENT

Mr. Busta made a motion for adjournment.  Mr. Quiroga seconded the motion.  Motion passed 7-0.  Meeting was adjourned at 8:30 PM

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