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CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 06, 2005

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

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 (arrived at 6:15 P.M.)

 

All persons testifying were sworn in at this time.

 

ITEM I: SEPTEMBER 1, 2005 MINUTES

Mr. Quiroga made a motion to approve the September 1, 2005 minutes with corrections. Mr. Buenconsejo seconded the motion.  Motion passed (6-0).  

 

ITEM II: FIRST HEARING

Case #: 2005-06294
Owner: Marilou A. Layug
Address: 136 NE 110 St
Section: Bldg. 6-4
Violations: Unauthorized Construction/Alteration

Officer Flores explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Officer Flores stated that bathroom remodeling was performed without a permit. Mr. Victor Layug was present and he agreed that a violation exists.  Mr. Layug stated that he submitted an application for a permit for bathroom remodeling.  Mr. Layug agreed for the building official to inspect the interior of house for bathroom and kitchen remodeling.  After discussion from the Board, Mr. Quiroga moved for findings of fact and conclusion of law that a violation exists according to Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by November 2, 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. Asmus seconded the motion. Motion passed 6-0. 

 

Case #: 2005-06273
Owner: Lifestyle Investment LLC
Address: 290 NE 100 St
Section: Bldg. 6-4
Violations: Unauthorized Construction/Alteration

Officer Flores explained the nature of the violation and testified that the violation still existed on the property.  Pictures were submitted as evidence.  Officer Flores explained that the property has been painted without a permit.  Mr. Alex Zangen (contractor) was there to present the case.  The property owner agreed that a violation exists. Mr. Zangen stated that he will submit an application to appeal the paint color with the Planning and Zoning.  Chairman Perl explained if the permit is not approved by the Planning & Zoning Board he will have to change the paint color.  After discussion from the Board, Mr. Quiroga moved for findings of fact and conclusion of law that a violation exists according to Section 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by November 2, 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. Buenconsejo seconded the motion. Motion passed 6-0.   

 

Summary Adjudication: First Hearings
Case’s# 2005 05917, 06043, 06052, 06169, 06196, 06203, 06220, 06233, 06243, 06252, 06253, 06254, 06259, 06298, 06302, 06318, 06339, 06346, 06348, 06363

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. 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. Busta seconded the motion.  Motion passed 6-0.

 

Case #: 2005-06372
Owner: Gregory Hoffman & Rigoberto Martinez
Address: 1345 NE 105 St
Section: 10-5 & 10-9
Violations: Maintaining a nuisance & Septic tank, Drainfield left open

Mr. Asmus moved for findings of fact and conclusion of law that a violation exists according to Section 10-5 & 10-9 of the Miami Shores Village Code.  The violator shall correct the violation within 24 hours 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 $250.00 per violation 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. Vickers seconded the motion. Motion passed 6-0. 

 

ITEM III: PENALTY HEARINGS

Case: 2005-06117
Owner: Denise Marino
Address: 9574 NW 1 CT

The property owner, Denise Marino (owner) and William Valinella (designer) were present.  Ms. Marino stated that she applied with the Planning & Zoning Board to appeal the paint color.  The property owner stated that she wasn’t aware that she needed a permit to paint.   Ms. Marino testified that she made a lot of improvements to the house and now she is requesting additional time to present the paint appeal to the P&Z Board. The Board explained if the paint appeal is not approved by the P&Z Board, the property owner will need to obtain a new paint permit.  After discussion from the Board, Mr. Vickers made a motion to continue the case to November 3, 2005.  Mr. Quiroga seconded. Motion passed (4-2). (Mr. Asmus and Mr. Buenconsejo voting no).

 

Case: 2005-06137
Owner: Denise Marino
Address: 9574 NW 1 CT

The property owner, Denise Marino (owner) and William Valinella (designer) were present.  Mr. Valinella stated that a fichus tree with protruding roots don’t allowed grass to grow on the swale area.  Ms. Marino is requesting more time. After discussion from the Board, Mr. Buenconsejo made a motion to impose the previously adjudicated.  Mr. Quiroga seconded. Motion passed (6-0).

 

Case: 2005-06138
Owner: Denise Marino
Address: 9574 NW 1 CT

The property owner, Denise Marino (owner) and William Valinella (designer) were present.  The landscaping of the property with leaves all over.  Ms. Marino stated that she removed most of the leaves.  After discussion from the Board, Mr. Buenconsejo made a motion to impose the fine previously adjudicated.  Mr. Asmus seconded.  Motion passed (6- 0).

 

Case: 2005-06239
Owner: Donna Hughes
Address: 10414 N. Miami Ave

The property owner, Donna Hughes was present.  The case is for roof repair without a permit.  Mrs. Hughes stated that she need more time to find a contractor and to obtain the permit to replace the roof. After discussion from the Board, Mr. Asmus made a motion to continuance the case to November 2, 2005.  Mr. Patnik seconded. Motion passed (6-0).

 

 

Case: 2005-06238
Owner: Francine Pierre Louis, Pierrine Leonel & Alfred Lyone
Address: 20 NE 104 ST

The property owner, Alfred Lyone was there to present the case.  Mr. Lyone stated that he is looking for contractors to repair the roof.  Mr. Buenconsejo made a motion to continue the case to November 2, 2005.  Mr. Vickers seconded.  Motion passed (6-0).

 

Case: 2005-06209
Owner: Malek & Jo Anne Brouri
Address: 231 NE 104 St

The property owner, Mr. Malek Brouri was there to present the case.  The property owner stated that due to medical reason he failed to comply on time.  He also state that he obtain a permit to repair the ceiling to the front porch.  Mr. Brouri requested more time to repair the ceiling of the front porch.  After discussion from the Board, Mr. Quiroga made a motion to continue the case to November 2, 2005.  Mr. Asmus seconded. Motion passed (6-0).

 

Case: 2005-06199
Owner: Theo F. Guilfoy & John Ratlif
Address: 9825 NE 4 Ave Rd

The property owner, Theo Guilfoy was there to present the case.  Mr. Guilfoy was given an extension in a previous meeting. Mr. Guilfoy stated that he needed more time to present the case to the P&Z Board.  After discussion from the Board, Mr. Vickers made a motion to continue the case to November 2, 2005, so Mr. Guilfoy presents the case to P&Z Board. Mr. Busta seconded. Motion passed (4-3). (Mr. Buenconsejo, Mr. Asmus and Mr. Patnik voted no).

 

Summary Adjudication:   Penalty Hearings
Case’s#: 2005-05804, 06099, 06100, 06165, 06166, 06205, 06217, 06218, 06232, 2005-05994, 06061, 06062, 06097, 06098, 06140, 06150, 06162, 06164, 06177, 06185

Chairman Perl read each case and address into the record and asked if anyone else was present.  No one was present. Mr. Berg testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Busta moved for a summary adjudication that, in each case currently remaining on the penalty docket for tonight’s’ hearing, each respective violator be order to pay the daily fine previously adjudicated and authorized to be imposed against them by prior order of the Board, to the date specified in the Enforcement Order was to have been corrected and that upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.  Mr. Quiroga seconded the motion.  Motion passed 6-0.

 

ITEM IV: REQUEST FOR RELIEF

Case#: 2004-05040
Owner: Vincent Levros
Address: 117 NW 103 ST

The property owner, Vincent Levros was there to present the case.  Mr. Levros stated that he never received any notices from the Village.  He also testified that the vehicles were removed from the property.  Mr. Levros  an offer of $500.00 was previously denied. The property owner made a new offer of $1,100.00 to be payable in 30 days. After discussion from the Board, Mr. Vickers made a motion to accept the offer of $1,100.00 to be payable in 30 days.  Mr. Buenconsejo seconded.  Motion passed 4-3. (Mr. Asmus, Mr. Patnick, and Mr. Quiroga voting no).

 

Case #: 2005-05234
Owner: Mark Bloom
Address: 190 NE 101 St

The property owner, Mr. Mark Bloom was present.  Mr. Bloom made an offer of $200.00.  Mr. Bloom explained that he corrected all the violations.  After discussion Mr. Bloom changed his offer to $1,000.00 to be payable in 5 days.  After discussion from the Board, Mr. Patnick made a motion to accept the offer of $1,000.00 to be payable in 5 days. Mr. Buenconsejo seconded.  Motion to passed 6-0.

 

Case #: 2005-05569
Owner: Christina Ricci
Address: 128 NE 99 St

The property owner, Christina Ricci was present.  Ms. Ricci made an offer of $100.00.  She also explained that she had obtained a permit which was denied.  Ms. Ricci stated that she applied for a variance for the shed to the Planning & Zoning Board. The Planning & Zoning rejected her request, and they explained that only metal sheds are approved by Miami Shores.  After discussion from the Board, Mr. Asmus made an motion deny the offer of $100.00.  Mr. Patnick seconded.  Motion passed 6-0.  Lien will remain at $3,165.00.  Chairman Perl explained that the property owner could come back to another meeting with a new offer.

 

Case #: 2002-02825
Owner: Edward Joseph
Address: 9345 Park Dr #100

The property owner, Edward Joseph (owner) and Dennis Joseph (manager) were present.  Mr. Joseph (manager) stated that he hired a contractor to paint the building and that he corrected the violation.  Mr. Joseph made an offer of $250.00.  After discussion from the Board, Mr. Asmus made a motion to deny the offer.  Mr. Patnick seconded.  Motion passed 6-0.  The lien will remain at $2,840.00.  Chairman Perl explained that the property owner could come back to another meeting with a new offer.

 

Case #: 2005-06140
Owner: Barry University
Address: 64 NW 111 ST

Mr. James Leverock was present. Mr. Leverock made an offer of $50.00.  Mr. Leverock explained that the violation was corrected on time.Officer Flores testified that the violation wasn’t cure on time. After discussion Mr. Leverock change the offer to $100.00. After discussion from the Board, Mr. Asmus made a motion to deny the offer of $100.00. Motion failed for lack of a second.  Chairman Perl recommended to accept  $200.00 to be payable in 10 days.  Mr. Quiroga seconded.  Motion passed 5-1.  (Mr. Asmus voted no).

 

Case #: 2003-03567, 2004-04738, 2004-04953, 2004-05148
Owner: Archilles Gervais
Address: 119 NW 110 St

The property owner, Archilles Gervais was there to present the cases.  An offer of $7,500.00 was previously denied.  Mr. Gervais made a new offer of $8,500.00 to be payable in 30 days. Mr. Gervais stated that he corrected all the violations.  After discussion from the Board, Mr. Vickers made a motion to accept the offer of $8,500.00 to be payable in 30 days. Mr. Buenconsejo seconded. Motion passed 4-2.  (Mr. Asmus and Mr.Quiroga voting no).

Mr. Patnick made a motion to exclude this case from the summary of adjudication from the penalty hearing.  Mr. Buenconsejo seconded.  Vote was unanimous.

 

Case #: 2005-05980
Owner: Wayne T. White
Address: 339 NE 96 ST

The property owner, Mrs. White was present.  Mrs. White stated that they have a contract to repair the roof.  She testified that they need to get an approval from the Historical Board to paint the house.  An extension was previously given by the Board.  Mrs. White is requesting more time to correct the violation.  After discussion from the Board, Mr. Buenconsejo made a motion to exclude this case from the summary of adjudication for penalty hearings and to continue the case to December 1, 2005.  Mr. Quiroga seconded.  Motion passed 6-0.

 

ITEM V. NEW BUSINESS

Chairman made a motion to have the December 1, 2005 regular meeting and to cancel the January, 6, 2005 meeting.  Mr. Buenconsejo seconded.  Vote was unanimous.

 

ITEM VI. NEXT MEETING

The next meeting will be on November 3, 2005

 

ITEM VII. ADJOURNMENT

Mr. Busta made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 6-0.  Meeting was adjourned at 8:35 PM

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