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CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 1, 2005

The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 1, 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 (arrived at 6:10 P.M)

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

ABSENT  

Robert Vickers

 

All persons testifying were sworn in at this time.

 

ITEM I: AUGUST 4, 2005 MINUTES

Mr. Quiroga made a motion to approve the August 4, 2005 minutes with corrections. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor.

 

ITEM II: FIRST HEARING

Case #: 2005-06230
Owner: Carl Abernathy
Address: 1140 NE 98 St
Section: 518(a)/518(b)
Violations: Hedge/Fence higher

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 the height of hedges in the front of the property is exceeding 3 ½ ft.  Mr. Carl Abernathy was present and he agreed that a violation exists.  Mr. Abernathy stated that he wants to keep the hedges and that he will seek  a variance. He was given an application.  After discussion from the Board, Mr. Quiroga moved for findings of fact and conclusion of law that a violation exists according to Section 518 (a) (b) of the Miami Shores Village Code.  The violator shall correct the violation by October 5, 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.

 

Case #: 2005-06199
Owner: Theo Guilfoy & John Ratlif
Address: 9825 NE 4 Ave Rd
Section: 518 (a) 518(b)
Violations: Hedge/ Fence higher than allowed/ Unlawful Material

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 lattice material on the wall along the alleyway.  Mr. Theo Guilof was there to present the case.  The property owner agreed that a violation exists.  Mr. Guilfoy stated that the reason that he has the lattice material is because his dog jumped over the fence.  Officer Flores stated that the only acceptable material is hedges.  After discussion from the Board, Mr. Quiroga moved for findings of fact and conclusion of law that a violation exists according to Section 518 (a) 518 (b) of the Miami Shores Village Code.  The violator shall correct the violation by October 5, 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- 6036,06099,06100,06111,06117,06137,06138,06165,06166,06200,06201,06205,06209, 06211, 06217, 06218, 06223, 06225, 06232, 06238, 06239

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

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:   Penalty Hearings
Case’s#: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#: 2005-05647
Owner: Wanda Collier
Address: 98 NW 98 St

The property owner, Wanda Collier, was there to present the case.  Mrs. Collier previously made an offer of $500.00 which was denied.  Mrs. Collier was there to present a new offer of $1,000.00.  After a brief discussion from the Board, Mr. Busta made a motion to accept the offer of $1,000.00 to be payable in 60 days.  Mr. Buenconsejo seconded.  Motion failed (3-3).  (Mr. Asmus, Mr. Patnick, Mr. Quiroga voting no).  Lien will remain at $11,025.00.  Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2000-01941, 1081, 3319, 6162, 6163, 6147
Owner: Jean & Elvia Romelus
Address: 201 NW 91 St

The property owner, Elvia Romelus, was there to present the case.  Mrs. Romelus made an offer of $1,000.00.  After discussion from the Board, Mr. Asmus made a motion to deny the offer of $1,000.00.  Mr. Quiroga seconded. Motion passed 6-0.  Lien will remain at $35,967.65.  Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

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 made an offer of $500.00.  Mr. Quiroga interpreted for Mr. Gregory’s testimony he did not speak English.  After discussion from the Board, Mr. Asmus made a motion to deny the offer of $500.00.  Mr. Patnick seconded.  Motion passed 6-0.  Lien will remain $7,015.00.  Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2005-05204
Owner: Carlos Sottil
Address: 374 NE 95 ST

Richard Golden, attorney, was there representing Mr. Carlos Sottil (owner).  The property owner previously made an offer of $250.00 which was denied.  Mr. Golden was there to present a new offer of $400.00.  He stated that the property owner relocated to Mexico.  After discussion from the Board, Mr. Buenconsejo made a motion to accept the offer of $400.00 to be payable in 10 days.  Mr. Busta seconded.  Motion failed 3-3.  Mr. Asmus, Mr. Patnik, Mr. Quiroga voted no.  Lien will remain at $1,265.00.  Chairman Perl explained that the property owner could come back at another meeting with a new offer.

 

Case #: 2000-01550, 01551, 01554
Owner: Luis Rosa
Address: 1172 NE 103 St

Steven Bair, attorney, was there representing Mr. Luis Rosa (owner).  Luis Rosa also was present.  The property owner previously made an offer of $500.00 which was denied.  Mr. Bair was there with an offer of $1000.00.  He stated that when the property owner obtained the permit but the address was wrong.  After discussion from the Board, Mr. Asmus made a motion to deny the offer of $1,000.00. Mr. Patnick seconded.  Motion passed 6-0.  Lien will remain at $44,145.00.  Chairman Perl explained that the property owner could come back to another meeting with a new offer.

 

Case #: 2004-05176, 05177
Owner: Luke & Elizabeth Nisset
Address: 151 NW 92 St

Luke and Elizabeth Nisset were present to request a refund.  The title company had submitted the total payoff $5,880.00. The property owners requested a refund of $5,680.00 and made an offer of $200.00.  After a brief discussion, Mr. Nisset changed the offer to $600.00.  Mr. Asmus made a motion to reject the refund of $5,280.00 and to reject the offer of $600.00.  Mr. Patnick seconded.  Motion passed 5-1.  (Mr. Perl voted no)

 

Case #: 2004-04743, 04741, 04742
Owner: Marie Telcine
Address: 9426 NW 2 Ave

The property owner, Joseph & Marie Telcine, were there to present the cases they made an offer of $4,000.00 which was previously denied. Mr. Telcine was there to present a new offer of $6,000.00. Mr. Telcine stated that they have corrected all the violations. After discussion from the Board, Mr. Buenconsejo made a motion to accept the offer of $6,000.00 to be payable in 60 days.  Mr. Busta 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.  Mr. Gervais made an offer of $7,500.00.  Mr. Gervais stated that he corrected all the violations.  After discussion from the Board, Mr. Asmus made a motion to reject the offer of $7,500.00.  Mr. Patnick seconded.  Motion passed 5-1.  (Chairman voted no).

 

ITEM V. NEW BUSINESS

Richard Sarafan, Village Attorney, he disclosed to the Code Enforcement Board and staff members that they were named as Defendant in a Federal lawsuit filed by Aisha Goodison.  Mr. Andrew Baurman will be representing all the staff and Board member named in the Federal lawsuit.  Mr. Sarafan requested that each Board member consent with the representation by Andrew Baurman in the Federal Lawsuit.  All member & staff agreed to the representation by Mr. Bauman.

 

ITEM V. NEXT MEETING.

The next meeting will be on October 6, 2005

 

ITEM VI. ADJOURNMENT

Mr. Asmus 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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