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CODE ENFORCEMENT BOARD REGULAR MEETING MAY 6, 2004

 

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

Manny Quiroga

John Busta

Robert Vickers

Rod Buenconsejo

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: APRIL 1, 2004 MINUTES

Mr. Quiroga made a motion to approve the April 1, 2004 minutes.  Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor. 

  

ITEM II: FIRST HEARING

Case #: 2003-04493
Owner: Al Crespo
Address: 689 NE 92 St.
Violation: 12-133; Unsightly fascia, soffit, and house exterior

The officer, Hillary Skumanich, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted to the Board as evidence.  Officer Skumanich stated that she maintained communication with the owner but that it took a long time to bring the property into compliance.  Al Crespo, Vide President of Shores Plaza West Condo Association, was there to present his case.  Mr. Crespo explained that he hired a company to replace the roof and found out that the company was not a licensed roofing company.  He is now getting a new proposal from a different roofing company.  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 Bldg. 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by June 3, 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.

 

Case’s #: 2003-04579
Owner: Bernadel Joseph
Address: 5 NE 106 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 existed on the property. Pictures were submitted to the Board as evidence.  The owner, Bernadel Joseph, was there to present her case.  Mrs. Joseph explained that the permit application is still in progress because the windows were not given product approval.  Mrs. Joseph did not know that shutters for the windows are mandatory. She stated that the process of replacing the windows throughout the house turned out to be a bigger project than what she expected. She requested additional time to obtain all the necessary documents and permits for the windows.  Her intentions are to due the windows with all the required approvals and permits. 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 Bldg. Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by July 1, 2004 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed by July 1, 2004, 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. Asmus voted no).

 

Summary Adjudication:
 Case’s# 2003-04605, 2003-04629, 2003-04643, 2003-04658, 2004-04675, 2004-04696, 2004-04697, 2004-04738, 2004-04763, 2004-04786, 2004-04788, 2004-04790

 

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

Case #: 2003-04590
Owner: Reynaldo O Ocana
Address: 10603 NE 10 Ct.

Samuel Cordero is here to represent Mr. Ocana and present the case.  He does not have a power of attorney to represent the owner. Mr. Cordero came to request a continuance.  After a brief discussion, Mr. Vickers made a motion to deny the continuance requested and impose the previously adjudicated fines as stated in the Enforcement Order.  Mr. Busta seconded the motion.  Motion passed 7-0.

 

Case: 04593, 04688
Owner: Rey Gomez
Address: 1173 NE 104 St.

Bruce Weil, an attorney representing Rey Gomez, was there to present the case.  Mr. Weil is requesting a continuance for the owner.  He is in the process of applying for all the permits and obtaining all the necessary drawings and product approvals.  After a brief discussion, Mr. Quiroga made a motion to continue the case until June 3, 2004.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1. (Mr. Asmus voted no).

 

ITEM IV:REQUEST FOR RELIEF

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

The property owner, Chantal Watson was there to make a new offer of $300.00 since her previous offer of $50.00 was denied.  After a brief discussion Mr. Asmus made a motion to deny the new offer of $300.00 and the lien will revert back to the original amount of $3,625.00.  Mr. Vickers seconded the motion.  Motion passed 7-0.

 

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

The property manager, Kelman Edwards, was there to make a new offer of $1,500.00 since the previous offer of $500.00 was denied.  After a brief discussion, Mr. Vickers made a motion to accept the offer of $1,500.00 payable in thirty (30) days or the lien reverts back to the original amount of $4,765.00.  Mr. Buenconsejo seconded the motion.  Motion passed 4-3.  (Mr. Asmus, Mr. Patnick, and Mr. Perl voted no). 

 

Case #: 2002-02685, 2003-04117
Owner: Alex Peña
Address: 289 NW 111 Terr.

The property owner, Angela Gonzalez was there to make a new offer of $2,000.00 since the previous offer of $933.75 was denied. After a brief discussion Mr. Vickers made a motion to accept the new offer of $2,000.00 payable in thirty calendar days or the lien reverts back to the original amount of $10,700.00.  Mr. Buenconsejo seconded the motion.  Motion passed 5-2. (Mr. Asmus and Mr. Perl voted no).

 

Case #: 2000-01177
Owner: Marie Toussaint
Address: 28 NW 111 St.

The owner, Marie Toussaint and her friend Sam Delva, who is speaking on her behalf, were there to present the case.  Mr. Delva explained that Ms. Toussaint was not aware that a lien existed on her property.  Evidence in the file showed that someone at the property signed for the return receipt.  After a brief discussion, Mr. Vickers made a motion to approve $1,800.00 payable in sixty days or the lien reverts back to the original amount of $18,015.00.  Mr. Perl seconded the motion.  Motion passed 6-1.  (Mr. Asmus voted no).

 

Case #: 2002-03241
Owner: Gertha Lalanne
Address: 38 NW 108 St.

The son of Gertha Lalanne was there to present the case.  Mr. Simore explained that his mom made an effort to bring the property into compliance in a timely manner.  Mr. Simore made an offer of $2,000.00.  After a brief discussion, Mr. Quiroga made a motion to accept the $2,000.00 payable in forty five days or the lien reverts back to the original amount of $11,315.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1.  (Mr. Asmus voted no).

 

Case #: 2003-04180, 2003-04179
Owner: LY Collins
Address: 130 NW 97 St.

The property owner, LY Collins, was there to make a new offer of $700.00 since the previous offer of $30.00 was denied.  After a brief discussion Mr. Vickers made a motion to accept $700.00 payable in thirty days or the lien reverts back to the original amount of $6,580.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-1.  (Mr. Asmus voted no).

 

Case #: 2003-04246
Owner: James Rosado
Address: 148 NE 110 St.

The property owner, James Rosado, was not present.  Mr. Quiroga made a motion to deny the offer of $15.00 as stated in the Request for Relief application.  Mr. Asmus seconded the motion.  Motion passed 7-0.

 

ITEM V. NEXT MEETING.

The next meeting will be on June3, 2004.

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Mr. Quiroga seconded the motion.  Motion passed 7-0.  The May 6, 2004, meeting of the Code Enforcement Board was adjourned at 8:30P.M.

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