LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 7, 2004

 

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 7, 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

Manny Quiroga

John Busta

Rod Buenconsejo

John Patnick

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

Irene M. Fajardo, Administrative Assistant

ABSENT

Robert Vickers

 

All persons testifying were sworn in at this time.

ITEM I: AUGUST 5, 2004 MINUTES

Mr. Quiroga made a motion to approve the August 5, 2004 minutes as amended.  Mr. Buenconsejo seconded the motion.  The vote was unanimous in favor. 

 

ITEM II: FIRST HEARING

Case #: 2004-05031
Owner: Ian Aiken and Ivonne Watson
Address: 82 NW 98 St.
Violations: Section. 12-82; Non-dwelling structures and fences
                    Section 518(a) (4); Overgrown Foliage

The officer, Anthony Flores, explained the nature of the violation and testified that the violations still existed on the property.  Pictures were submitted to the Board as evidence.  Officer Flores explained that the owner needed to repaint the poles, remove the rust, and change the lines of the clothe line in the rear of the property.  She also needed to remove the plant located in the rain gutter.  Ms. Watson was there to present her case.  She did not agree with the violation since she felt that Officer Flores was picking on her. She submitted pictures to the Board of her property to put in the file.   The Board members stated that they would give her additional time to come into compliance.  Ms. Watson agreed to repaint the poles, remove the rust, change the lines of the clothe line, and remove the plant from the rain gutter.  After a brief discussion, Mr. Quiroga made a motion to continue the case until the next meeting of November 4, 2004.  Mr. Asmus seconded the motion.  Motion

passed 6-0.

 

Case: 2004-04970
Owner: Ramon and Norma Efrese
Address: 520 NE 107 St.
Violations: Section Bldg. 6-4; Unauthorized construction and alteration.

The officer, Anthony Flores, explained the nature of the violation and testified that the violations still existed on the property. Pictures were submitted to the Board as evidence.  Officer Flores explained that the owner needed to obtain a permit for the walkway installed and the extension of the driveway.  Survey in the file showed the original driveway that was approved but it did  not show the width of the driveway.  In regards to the walkway, Officer Flores stated that he spoke to the contractor as he was installing it.  The owner, Ramon Efrece, was there to present the case.  Mr. Efrece understood the nature of the violation but stated that the driveway was only resurfaced and that the work of the walkway was under $100.00.  The Board members that are knowledgeable in construction stated that resurfacing the driveway and installing a walkway would cost more than $100.00.  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. 6-4 of the Miami Shores Village Code.  The violator shall correct the violation within 30 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 a day, per violation, 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. Buenconsejo seconded the motion. Motion passed 6-0.

 

Case: 2004-04971
Owner: Ramon and Norma Efrese
Address: 520 NE 107 St.
Violation: Section 20-17;520(i); Failure to maintain parkway.

The officer, Anthony Flores, explained the nature of the violation and testified that the violations still existed on the property.  Pictures were submitted to the Board as evidence.  Officer Flores explained that the owner needs to re-sod the swale area to bring he property into compliance.  Mr. Efrece agreed to re-sod the swale area. 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. 6-4 of the Miami Shores Village Code.  The violator shall correct the violation within 30 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 a day, per violation, 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 6-0.

  

Case: 2004-05135
Owner: Roy Ripak/District Office
Address: 9020 Biscayne Blvd.
Violations: Section 9-2(b)(c)/9-5; Improper Treatment of Refuse
                    Section 10-5; Maintaining a nuisance
                    Section 501(k)10-1; Unauthorized storage of materials

The officer, Anthony Flores, explained the nature of the violation and testified that the violation no longer existed on the property but that it was a repeat violation.  He requested a Repeat Order stating that if the violation is observed, it shall be an immediate fine even if corrected.  Pictures were submitted to the Board as evidence that a violation existed. Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation existed on the property according to Section Bldg. 6-4 of the Miami Shores Village Code and that it was corrected.  If the violation reoccurs an immediate fine will be imposed.  Mr. Asmus seconded the motion.  Motion passed 6-0.

 

Case: 2004-05099
Owner: Boris Moroz
Address: 9045 Biscayne Blvd.
Violations: Section Sche. Reg. 400/401; Unauthorized banners on property.

The officer, Anthony Flores, explained the nature of the violation and testified that the violation no longer existed on the property but that  it was a repeat violation.  He requested a Repeat Order stating that if the violation is observed, it shall be an immediate fine even if corrected.  Pictures were submitted to the Board as evidence that a violation existed. Mr. Asmus moved for a finding of fact and a conclusion of law that a violation existed on the property according to Section Bldg. 6-4 of the Miami Shores Village Code and that it was corrected.  If the violation reoccurs an immediate fine will be imposed.  Mr. Busta seconded the motion.  Motion passed

  

Case’s# 2004-04534, 4603, 4604, 4870, 4908, 4944, 4956, 4958, 4993, 4994, 5013, 5014, 5018, 5028, 5030, 5037, 5040, 5046, 5050, 5052, 5053, 5080, 5136.

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

 

ITEM III: PENALTY HEARINGS

Case #: 2004-04909
Owner: Gloria Lucio and Antonio Rodriguez
Address: 436 NE 94 St.

The property owner, Antonio Rodriguez, was there to present the case.  Mr. Rodriguez explained that he already pulled a permit and  that he is in the process of placing the missing tiles on the roof.  He requested a continuance to come into compliance.  After a brief discussion, Mr. Asmus made a motion to continue the case for sixty (60) days.  Mr. Buenconsejo seconded the motion.  Motion passed 6-0.

 

Case: 2004-04828, 04830, 4831
Owner: Sonja B. Torres
Address: 429 NE 102 St.

Henry Miranda who resides at 1249 NE 91 Terr. was there to speak on behalf of the owner.  He is currently watching over the property. Mr. Miranda explained that the owner is in the process of coming into compliance.  She has already applied for the permits and she’s waiting for the approval of the permits.  Officer Flores stated that the owner has kept in touch with him.  After a brief discussion, Mr. Asmus made a motion to continue Case 2004-04828 for ten (10) days and Cases 2004-04830 and 2004-04831 for sixty (60) days. Mr. Buenconsejo seconded the motion.  Motion passed 6-0.

 

Summary Adjudication:
Case’s#: 2004-04053, 4483, 4692, 4825, 4942, 4953

Mr. Busta 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 6-0.

 

ITEM IV:REQUEST FOR RELIEF

Case #: 2003-04317, 4319
Owner: Aldo Veras
Address: 420 NW 112 Terr.

The property owner, Aldo versa, was there to present his case.  Mr. Veras was previously denied a $300.00 offer to release the lien.  Mr. Vera had two violations.  The first one was that the grade was not leveled around the approach.  The second violation was in regards to a small wooden fence that was in disrepair.  Mr. Veras explained that the notices were sent to the previous owner.  Evidence in the file showed that the previous owner lived on the property after Mr. Veras purchased it.  He stated that, in fact, the previous owner was still living at the property.  A certified receipt was signed by the previous owner, Mr. Polanco.  After a brief discussion, Mr. Quiroga made a motion to accept the offer of $1,000.00 payable in forty-five (45) days or the lien reverts back to the original amount of $9,130.00.  Mr. Buenconsejo seconded the motion.  Motion failed to carry 3-3.  (Mr. Patnick, Mr. Asmus, and Mr. Busta voted no).

 

Case #: 2000-001409
Owner: Jose Guzman
Address: 10928 NW 2 Ave.

The property, Jose Guzman, was there to present the case.  Mr. Guzman had a violation of painting the house without first obtaining a permit.  Mr. Guzman explained that he didn’t know he needed a permit and that he was in financial strain during the time of the violation.  A permit was eventually pulled and approved.  Mr. Guzman stated he made several improvements to the property.  After a brief discussion, Mr. Patnick made a motion to accept the offer of $1,000.00 payable in thirty (30) days or the lien reverts back to the original amount of $7,640.00.  Mr. Buenconsejo seconded the motion.  Motion passed 4-2.  (Mr. Asmus and Mr. Busta voted no).

 

Case #: 7950
Owner: Marc Benjamin
Address: 150 NW 100 Terr.

The property owner, Marc Benjamin, was there to present the case.  His son was there to speak on his behalf.  The property owner explained that he cured the violation by removing the inoperable vehicle but he did not notify the Village that he was in compliance. After a brief discussion, Mr. Buenconsejo made a motion to approve the offer of $1,500.00 payable in thirty (30) days or the lien reverts back to the original amount of $27,130.00.  Mr. Quiroga seconded the motion.  Motion passed 5-1. (Mr. Asmus voted no).

 

Case #: 2003-03553
Owner: Robert Kennedy
Address: 38 NE 110 St.

The property owner, Robert Kennedy, was there to present the case.  Mr. Kennedy had a violation in regards to a dirty roof and stained exterior walls.  Mr. Kennedy thought that he was working within the time frame he had agreed with Officer. Flores.  He was not aware that he was being fined.  Officer Flores agreed that there was miscommunication with the property owner.  After a brief discussion, Mr. Buenconsejo made a motion to approve the offer of $500.00 payable in ten (10) days or the lien reverts back to the original amount of $4,890.00.  Mr. Patnick seconded the motion.  Motion passed 5-1.  (Mr. Asmus voted no).

 

Case #: 2004-04758
Owner: John and Marie Callam
Address: 149 NW 101 St.

A friend of the property owner, Mark, was there to speak on the owners behalf and present the case.  The property owner, Marie Callam, was present.  The violation the owners had on the property was in regards to repairing the roof without first obtaining a permit.  Officer Flores testified that the property is currently in compliance.  After a brief discussion, Mr. Buenconsejo made a motion to approve the offer of 500.00 payable in thirty (30) days or the lien reverts back to the original amount of $1,165.00.  Mr. Quiroga seconded the motion.  Motion passed 5-1. (Mr. Asmus voted no).

 

Case #: 2003-04446, 2003-03865, 2000-03883
Owner: Elvita Francois
Address: 53 NW 109 St.

The property owner’s son in law, Daniel Xzantes, was there to speak on behalf of the owner.  The property owner, Elvita Francois, was present.  Mr. Xzante explained that Ms. Francois was not aware that violations existed on the property.  The property had an altered driveway without a permit, construction debris along alleyway, and deteriorated swale area.  Evidence in the file showed that a green receipt was signed.  After a brief discussion, Mr. Asmus made a motion to deny the offer of $200.00.  The lien will remain at $24,920.00.  Mr. Patnick seconded the motion.  Motion passed 6-0.

 

Case #: 2004-04717, 2004-04718
Owner: Glaister Notice
Address: 84 NW 94 St.

The property owner, Glaister Notice, was there to present the case.  Mr. Notice’s violations were in regards to an approach to the driveway being deteriorated and the roof being dirty.  Mr. Notice explained that he was having financial difficulties. After a brief discussion, Mr. Asmus deny offer $280.00.  Mr. Patnick seconded the motion.  Motion passed 6-0.

 

Case #: 2000-01472, 2000-01473
Owner: Ted Haaland
Address: 179 NW 97 St.

The attorney, Antonio Rodriguez, was there to represent the property owner, Ted Haaland, who was also present.  The violations were in regards improper fencing material, and construction and alterations done without permits.  Mr. Haaland explained that he did  not receive proper notice of the violation or the liens.  Evidence in the file showed that notices were sent, the property was posted, and a receipt of the Notice of Violation was signed.  Mr. Haaland stated that he was single out and picked on by Code Officer Hillary Graver.  After a brief discussion, Mr. Patnick made a motion to deny the offer of $117.00.  The lien will remain at $57,100.00. Mr. Asmus seconded the motion.  Motion passed 6-0.

 

Case #: 2002-02255
Owner: Delgis Reyna
Address: 9413 North Miami Ave.

Attorney, Steven Roth, was there to represent the owner and present the case.  The entire lien amount is in an escrow account. The owner bought the property with title insurance but he was not made aware that liens existed.  The Village Attorney, Richard Sarafan explained that if they decide to pay the lien amount in full, there could be possible return of some money if they apply for Request for Relief.  An offer of $3,500.00 was made to release the lien.  After a brief discussion, Mr. Asmus made a motion to deny the offer of $3,500.00.  The lien will remain at $21,315.00.  Mr. Buenconsejo seconded the motion.  Motion passed 6-0.

 

ITEM V. NEW BUSINESS

The fines will no longer be retroactive to the date given in the Notice of Violation.  The fines will now start from the compliance date ordered by the Board.

 

ITEM VI. NEXT MEETING.

The next meeting will be on November 4, 2004

 

ITEM VII. ADJOURNMENT

Mr. Asmus made a motion for adjournment.  Mr. Buenconsejo seconded the motion.  Motion passed 6-0.  The October 7, 2004 meeting of the Code Enforcement Board was adjourned at 10:00P.M.

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