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CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 5, 2004

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 5, 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 (Arrived at 6:07PM)

John Patnick 

Robert Vickers

Rod Buenconsejo

John Busta

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

ABSENT Manny Quiroga

 

All persons testifying were sworn in at this time.

ITEM I: DECEMBER 4, 2003 MINUTES

Mr. Buenconsejo made a motion to approve the December 4, 2003, minutes.  Mr. Busta seconded the motion.  The vote was unanimous in favor. 

ITEM II: FIRST HEARING

Case #: 2003-04463
Address: 10603 NE 10 Ct.
Code Section: Bldg. 6-4/ Unauthorized construction and alteration

The officer, Anthony Flores, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation.  The contractor, Alfredo Borzes from Star Bright Group, was there to represent the owner and present case.  The Board inquired about the work done on the property and the length of time that it will require to pull all the necessary permits.  Mr. Borzes stated that it will take six weeks or more to pull the permits since he was recently hired by the owner and does not know the extent of the work that was done.  Officer Flores testified that he had contact with Mr. Borzes many times in regards to the permits that needed to be pulled.  Mr. Flores testified that both the contractor and the owner were very well aware of what needed to be done to come into compliance.  The property owner, Reynaldo O Ocana was there, but he did not want to testify on his behalf. 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 Bldg. 6-4 of the Miami Shores Village Code.  The violator shall correct the violation in (10) ten days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance.  If compliance is not completed in (10) ten days, 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 $250.00 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. Patnick seconded the motion.  Motion passed 5-1. (Mr. Perl voted no).

 

Summary Adjudication:
Case’s #: 2003-03959 2003-04144 2003-04213 2003-04214 2003-04246 2003-04253 2003-04257 2003-04336 2003-04337 2003-04338 2003-04351 2003-043652003-04366 2003-04373 2003-04402 2003-04414 2003-04417 2003-04419 2003-04420 2003-04430 2003-04431 2003-04432 2003-04433 2003-04446 2003-04452 2003-04453 2003-04473

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. Buenconsejo seconded the motion.  Motion passed 6-0.

 

ITEM III: PENALTY HEARINGS

Case #: 2003-03902
Owner: Theodore and Penelope Petrosky
Address: 53 NW 105 St.

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation.  The property owners, Theodore and Penelope Petrosky, were there to present their case.  Mr. Petrosky requested additional time for compliance.  He explained that they had obtained the necessary permits but that they were getting estimates for the work.  The Board discussed the previous continuances given by the officer.  Officer Flores stated that the property owners have kept in contact with him and have been very cooperative.  After a brief discussion, Mr. Buenconsejo made a motion to continue the case.  Mr. Vickers seconded the motion.  Motion passed 4-2.  (Mr. Perl and Mr. Asmus voted no).

 

Case #: 2003-04053
Owner: Stephen Ellixson and Denise Ghariani
Address: 440 NE 105 St.

The Village attorney, Richard Sarafan, explained that the owner filed a Notice of Appeal in the Circuit Court with the county of the Enforcement Order previously adjudicated.  He recommended a continuance until the appeal is settled.  After a brief discussion, Mr. Buenconsejo made a motion to continue the case after a conclusion of appeal has been made.  Mr. Vickers seconded the motion.  Motion passed 6-0.

 

Summary Adjudication:
Case’s#:2003-03955 2003-04166 2003-04202 2003-04249, 2003-04317, 2003-04319, 2003-04360

Mr. Vickers 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. Buenconsejo seconded the motion.  Motion passed 6-0.

 

ITEM IV:REQUEST FOR RELIEF

Case #: 2003-04194, 2003-04156
Owner: Carrera Investment LLC
Address: 112 NE 111 St.

The property owner, Mr. Eckeschantre, was there to present the case.  Mr. Eckeschantre stated that he did not receive notice of the violation because he does not reside at the address.  The tax records in Miami Dade County did not show a different mailing address other than the property. The Board inquired about the work that was done on the property.  Mr. Eckeschantre stated that he was trying to beauty the property and that he came into compliance as soon as he found out about the violations.  Mr. Buenconsejo made a motion to accept the offer of $1,250.00 payable in seven (7) days or the lien reverts back to the original amount of $3,880.00.  Mr. Busta seconded the motion.  Motion passed 5-1.  (Mr. Asmus voted no).

 

Case #: 2002-02932
Owner: Teresa Gaffrey
Address: 5 NW 106 St.

The property owner, Teresa Gaffrey, was there to present her case.  Ms. Gaffrey stated that she left to England for a few months because her father was very ill.  She came into compliance as soon as she found out about the violation.  After further discussion, Mr. Buenconsejo made a motion to accept the offer of $2,000.00 payable in seven (7) days or the lien reverts back to the original amount of $9,940.00.  Mr. Vickers seconded the motion.  Motion passed 5-1. (Mr. Asmus voted no).

 

Case #: 2003-04110
Owner: Parry Real Estate
Address: 9628 NE 2nd Ave.

The tenant, Jonathan Bennett, was there to present the case.  Anthony Mallow, the attorney representing the Traffic Ticket Office, was also there to present the case.  Mr. Mallow explained that he did not know of the deadline for compliance or that he needed to inform the officer once the violation was complied.  He also explained that the signs took some time in getting approved by the Planning and Zoning Board.  Officer Flores stated that he had continuous contact with the owner in regards to the procedures and the violation.  After further discussion from the Board, Mr. Buenconsejo made a motion to deny the offer of $15.00.  The lien will revert back to the original amount of $2,240.00.  Mr. Asmus seconded the motion.  Motion passed 6-0.

 

Case #: 2000-00850
Owner: Anthony Hay
Address: 149 NW 107 ST.

The property owner, Anthony Hay, was there to present the case.  Mr. Hay stated that he has not lived at the property for over a year and that he came into compliance as soon as he found out that a violation existed.  He explained that he thought he had come into compliance in a timely manner, but that he was not aware that he needed to contact the officer.  The house file was pulled.  A permit in the file showed that Mr. Hay, did in fact, come into compliance before the deadline.  After a brief discussion, Mr. Patnick made a motion to accept the offer of $15.00 payable in five (5) days or the lien reverts back to the original amount of $2,265.00.  Mr. Buenconsejo seconded the motion.  Motion passed 5-1. (Mr. Vickers voted no).

 

Case #: 2000-00587, 2000-01342, 2000-01343
Owner: Mark Brodsky
Address: 1287 NE 96 St.

Richard Golden, the attorney representing the owner, was there to present the case.  The property owner, Mark Brodsky, was also there to present the case.  Mr. Golden explained the circumstances in regards to the violations.  He stated that the lien amounts were incorrect because they notified the officer to close the case.  Evidence in the file showed correspondence to the officer Ernst Louis and to Mr. Brodsky.  Officer Ernst Louis no longer works for the Village and was not there to testify on his behalf.  After a brief discussion from the Board, Mr. Buenconsejo made a motion to accept the offer of $3,711.00 payable in seven (7) days or the lien reverts back to the original amount of $41,450.00.  Mr. Vickers seconded the motion.  Motion passed 4-2. (Mr. Asmus and Mr. Perl voted no).

 

Case #: 200001463, 6317
Owner: Pedro Rojas
Address: 249 NW 92 St.

The property owner Pedro Rojas, was there to present the case.  Mr. Rojas explained that he was never notified of the violations since the notices were sent to HUD.  Evidence in the file showed that the notices were sent to HUD.  Mr. Rojas also explained that the title company never informed him of the lien and that he was planning to file a suit against them.  Officer Skumanich testified that she was in constant contact with the owner and informed him of the violations.  Mr. Rojas stated that he knew of the recent violation (Case 2000-01463), but not of the old one, Case 6317).  After further discussion, Mr. Asmus made a motion to continue the case and withhold release of the liens until the title settlement is made.  Mr. Vickers seconded the motion.  Motion passed 6-0.

 

ITEM V. NEXT MEETING.

The next meeting will be on March 4, 2004.

 

ITEM VI. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Chairman Perl seconded the motion.  Motion passed 6-0.  The February 5, 2004, meeting of the Code Enforcement Board was adjourned at 8:50P.M.

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