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07-08-1996 Regular Meeting• • • Addendum to CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES VILLAGE OF MIAMI SHORES July 8, 1996 At the Code Enforcement Board Regular Meeting of July 8, 1996, the Minutes were approved with the following correction: Mr. Garber asked that the following addition be made to the Minutes: III. NEW BUSINESS/GOOD AND WELFARE, Item E. Parkway/Swale/Gravel, Page Five, Paragraph 3: The following sentence shall be added prior to the last sentence in this paragraph which begins "The Board offered...:" The Board discussed the gravel versus blacktop on soil and drainage issues which Code Enforcement was dealing with in the community. Respectfully submi Ragone, ding Secretary • CODE ENFORCEMENT BOARD MIAMI SHORES VILLAGE, FLORIDA • • RULES AND REGULATIONS July 8, 1996 ARTICLE I NAME The name of this Board shall be the "Code Enforcement Board of Miami Shores Village, Florida." ARTICLE II JURISDICTION The Board has jurisdiction over those matters which are set forth in Chapter 2 of the Code of Ordinances of Miami Shores Village, Florida, and in Chapter 162, Florida Statutes. ARTICLE III OFFICERS AND THEIR DUTIES Section 1: The officers shall be a Chairperson and a Vice Chairperson. Section 2: Section 3: Section 4: The Chairperson shall preside at all meetings and hearings of the Board and shall have the duties normally conferred at parliamentary usage of such officers. The Chairperson shall be one of the members of the Board. The Chairperson shall have the privilege of discussing all matters before the Board and shall have the same voting rights as Board members. The Vice Chairperson shall act in the absence of the Chairperson. ARTICLE IV ELECTION OF OFFICERS Section 1: Nomination of officers shall be made from the floor at the Board meeting in the month of October of each year. The election shall be held immediately thereafter provided, however, that no term of office shall become effective until the time of the next regular meeting. • • • Code Enforcement Board Rules and Regulations Page Two Section 2: A candidate receiving a majority vote shall be declared elected and shall serve a term of one year until a successor shall take office. Section 3: Vacancies in office shall be filled immediately by regular election procedure. ARTICLE V VILLAGE SUPPORT STAFF Section 1: The Village Support Staff shall be present at all meetings, and shall be hereinafter referred to as Staff. Staff shall serve the Code Enforcement Board by: ensuring notification of meetings and hearings, formulating meeting agendas/minutes, creating/preserving hearing case files, swearing in witnesses, reading cases into record, receiving evidence, preparing and attesting to Orders, and ensuring notification of findings. Staff shall record all proceedings before the Board. Staff will ensure Board vacancies are timely filled and inquiries made by the Board are timely answered. Staff may perform other support functions as requested by the Chairperson. ARTICLE VI MEETINGS Section 1: Regular Meetings: a. Regular meetings shall be held at least once every month. The Board may set meetings more frequently if necessary. b. The Board may, at any properly noticed hearing, set a future hearing date. c. Code Enforcement Board regular meetings shall be open to the public. Section 2: Special Meetings: a. Special meetings may be called by the Chairperson, or by any three Board members, upon written notification to the Staff at least seventy-two (72) hours in advance of the meeting when possible. • Code Enforcement Board Rules and Regulations Page Three b. Code Enforcement Board special meetings shall be open to the public. Section 3: Notice of Meetings: Notice of regular meetings shall be given to Board Members ten (10) days in advance of each meeting, and notice of special meetings shall be given to Board Members seventy-two (72) hours in advance of the meeting, when possible. Section 4: Attendance: a. A member shall notify the Code Enforcement Board Chairperson if an attendance conflict arises and the member cannot attend any scheduled regular and/or special meeting. Upon the meeting at which a member does not attend, the Board shall vote in an advisory capacity if the reason and notice given by the member are justified and the Chairperson shall act accordingly. If it should be necessary for the Chairperson to be absent from a meeting, the Chairperson shall follow the same notification process except that the notification will be addressed to the Code Enforcement Board Vice Chairperson. b. If a member misses two (2) out of any three (3) regularly scheduled consecutive meetings, the member shall forfeit his or her appointment, and his or her office shall be declared vacant. In the event a member misses twenty-five percent (25%) of the previous twelve (12) regularly scheduled meetings, the Board may recommend to the Village Council that such member be removed from the Board. c. The attendance records of each Board member will be maintained by Staff and reviewed periodically to determine the attendance status of each Board member. The name of any member at risk of forfeiting his or her appointment will be immediately submitted to the Board. These records will be made available prior to reappointment to the Code Enforcement Board or to any other Miami Shores Village Board. • • • Code Enforcement Board Rules and Regulations Page Four Section 5: Quorum: A quorum of the Board shall consist of four (4) members, and an affirmative vote of a majority of those present shall be necessary to pass any motion or adopt any order. All officials actions of the Board shall be by a vote of a minimum of four (4) member. Section 6: Roll Can Vote: a. Voting shall be by voice vote and shall be recorded by individual "aye" or "nay." b. Each member present shall cast an "aye" or "nay" vote on each question before the Board, except that no member may vote on any matter which presents a conflict of interest, as defined by law. Section 7: Open Records: Records of Code Enforcement Board meetings, both regular and special, shall be open for inspection by the public. Section 8: Parliamentary Procedure: Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Section 9: Ex Parte Contacts: No member shall knowingly have any substantive communication with any member of Staff or with any alleged violator relating to the merits of any matter pending or expected to come before the Board. In the event any Board member discovers that he or she has had such ex parte communication, that member shall, when the matter comes before the Board, state, on the record, the substance of the communication and whether, and to what extent, if any, the communication has had upon the ability of that Board member to make an unbiased decision. • • • Code Enforcement Board Rules and Regulations Page Five Section 10: Communication with Other Board Members: No Board member may discuss any matter of the business of the Board with any other Board member, except at a public hearing. ARTICLE VII ORDER OF BUSINESS Section 1: The Order of Business for Code Enforcement Board meetings, both regular and special, shall be as follows: Section 2: a. Call to order b. Introductory statement c. Approval of Minutes d. Swearing In of Witnesses e. Hearing of Cases f. New Business g. Adjournment After Items a through d are completed, the remainder of the Order of Business may be suspended by the Board in order to allow the cases of alleged violators or complaining witnesses who are present to be heard first. ARTICLE VIII HEARINGS Section 1: The following procedures will be observed in cases/hearings before the Code Enforcement Board: a. The Code Enforcement Board Chairperson shall read the case into the record. b. All witnesses shall be sworn in by Staff. Code Enforcement Board Rules and Regulations Page Six c. The Village shall present its case through its director or his designee, and the alleged violator shall then present his/her case. Both parties will have an opportunity to cross-examine all witnesses. d. The alleged violator shall have the right, if he/she wishes, to contest the charges. (If the alleged violator is not present, and the Board determines that he/she was properly notified with the Notice of Violation, then the hearing may proceed in the absence of the alleged violator.) e. The Board, its Attorney, or Staff may question any witness or call any witnesses. f. The right of parties to present rebuttal evidence is discretionary with the Board. g. At any time during the proceeding, the Board may, for good cause, continue a case to another scheduled meeting date and may request further information from either party. h. If proceedings in a case are interrupted by a recess, at the time the proceedings reconvene only those Board members present from the beginning of that case proceeding may participate in the deliberations and decision-making process. NOTE: This requirement may be waived with the consent of both parties. i. Upon completion of all the evidence, the Chairperson shall close the case hearing. J• The Board shall immediately deliberate in open session before the public. The Board may only consider the evidence which is presented at the case hearing and that both parties have had an opportunity to rebut before reaching their decision. k. The Board shall orally issue an Order which is approved by a majority vote. The Order shall contain findings of fact and conclusions of law and state the decision of the Board. • • • Code Enforcement Board Rules and Regulations Page Seven 1. The Staff shall reduce said Order to writing and shall mail a copy of said Order to the respondent. NOTE: When Orders are completed, the Staff shall request signature by the Board Chairperson. The Staff shall attest to all Orders of the Board. ARTICLE IX ENFORCEMENT After an Order finding a violation has been issued by the Board and a scheduled date of compliance has been ordered, it shall be the responsibility of the respondent to request the designated Village Official to make an inspection to determine if the violation has been corrected. ARTICLE X AMENDMENTS Amendments to the Code Enforcement Board Rules and Regulations may be made by majority vote. ARTICLE XI MISCELLANEOUS These Rules and Regulations may be altered in a manner not inconsistent with the Village Code and State law during a regular meeting by the affirmative vote of at least four (4) members of the Board, provided notice of the proposed change is given to the Board at a preceding regular meeting. • Code Enforcement Board Rules and Regulations Page Eight THESE RULES AND REGULATIONS are hereby approved this Eighth day of July, 1996. s Chairperson urrent f" rm Expiration: September 1998 / ros • ero G. IF era, II, Vice Chairperson Current Term Expiration: September 1998 M Current Term Ivor Hegedus Current Term iration.September 1996 Sydow tion: September 1996 Dougl -' Garb r Current Term Expiration: S ptember 1996 L. -- John A. Patnik, Jr. Current Term Expiration: September 1997 • CODE ENFORCEMENT BOARD REGULAR MEETING VILLAGE OF MIAMI SHORES July 8, 1996 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Monday, July 8, 1996, at Miami Shores Village Hall. The meeting was called to order at 6:30 P.M. by Chairman Asmus. Present: Barry Asmus, Chairman Prospero G. Herrera, II, Vice Chairman Margaret Burch, Member Ivor Hegedus, Member John Sydow, Member Douglas Garber, Member Absent: John A. Patnik, Member Also Present: William Nelson, Code Compliance Director I. APPROVAL OF MINUTES Ms. Burch moved to approve the Minutes of June 6, 1996. Vice • Chairman Herrera seconded the motion. The motion passed unanimously. II. HEARING Case No. 5026 General Unsightliness 10001 North Miami Avenue Owner: Alexis Kin Niman Tenant: Joyce Lally Held Staff requested dismissal. Vice Chairman Herrera moved for dismissal. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 5027 No Alarm Permit 270 NE 100 Street Owner: Daniel Menendez Staff requested dismissal. • • Code Enforcement Board Regular Meeting July 8, 1996 Page Two Ms. Burch moved for dismissal. Vice Chairman Herrera seconded the motion. The motion passed unanimously. Case No. 5032 General Unsightliness 10828 NW 2 Avenue Owner: Maxine Cleare Section 10-1. Property to be maintained in safe, clean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property in a safe, clean and sightly condition and to remove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill in all excavations and depressions thereon. Officer Pierre reported the case was still open with a violation for overgrown vegetation of 12 to 14 inches in height covering the property. He stated a notice was posted on the door and a certified letter mailed to a post office box. The return receipt for this notice had not come back to the office. Officer Pierre stated the property was occupied by a nurse who commuted from Miami to Tampa. The Board determined it was the owner's responsibility to • make arrangements to care for the property during any absence as well as collecting mail from a post office box. Mr. Garber moved for a finding of fact and conclusion of law that a violation exists to Section 10-1 of the Miami Shores Village Code and an administrative fee of $180 shall be assessed. If the violation is not corrected within 14 days, a $20 a day fine shall be levied. The Village shall be directed to cut the grass on this property to take care of the problem after the 14 days, if the violation is not brought into compliance by then. Ms. Burch seconded the motion. The motion passed unanimously. Case No. 5030 General Unsightliness 325 NE 96 Street Owner: Scott L. Warfman Staff requested dismissal. Ms. Burch moved for dismissal. Vice Chairman Herrera seconded the motion. The motion passed unanimously. • • Code Enforcement Board Regular Meeting July 8, 1996 Page Three III. NEW BUSINESS/GOOD AND WELFARE A. Board Members' Terms of Office Chairman Asmus advised the following three terms would expire in September 1996: Mr. Hegdus, Mr. Sydow, and Mr. Garber. He asked each member if he was going to reapply to the Board. Mr. Hegedus stated he was unsure at this point. Both Mr. Sydow and Mr. Garber advised they would reapply. B. Village Attorney - Due Process Village Attorney Ulmer was not present, but Mr. Nelson briefed the Board on the research Mr. Ulmer had done concerning Due Process. He said Mr. Ulmer recommended the Board modify its present system of Due Process to conform to what other municipalities were doing as well as Florida Statutes as follows: The Board should require the violator to be present, find the violator guilty or not guilty, and set a compliance date. If the violation is not corrected • by the compliance date, the violator should be required to return for a second hearing and the status of his or her case updated by the Code Enforcement Officer. A fine against the violator could be levied by the Board at the second hearing. Chairman Asmus stated he felt the Village Attorney was proposing the modifications in order to protect the Village as well as Board Members from any possible court litigation should a property owner file a lawsuit. He recommended the Board adopt whatever changes/modifications the Village Attorney suggested concerning Due Process. Mr. Garber asked if the administrative fee would be assessed at the first or second hearing. Mr. Nelson said he could not answer this question but would make sure the Village Attorney was apprised of it. Chairman Asmus requested Mr. Nelson ask the Village Attorney what the Board's options were concerning levying an administrative fee and/or a noncompliance fine. Mr. Hegedus suggested the administrative fee and fine could be assessed at the first hearing but not be collected until the date for compliance ran out. Also the Board discussed the possibility of raising the administrative fee because with the Village Attorney's proposed changes/modifications there would be more hearings and more paperwork to complete the case work. • • Code Enforcement Board Regular Meeting July 8, 1996 Page Four Mr. Garber moved that the Board adopt the Village Attorney's recommendations and report on proper Due Process with a written report submitted to the Board at its next scheduled meeting. Ms. Burch seconded the motion. A roll call vote was taken. The motion passed unanimously. Chairman Asmus asked the Board if anyone objected to meeting twice a month in the future if the number of cases increased to warrant this. All members said they would have no problem with meeting twice a month. C. Code Enforcement Board Rules and Regulations Chairman Asmus noted the following two grammatical errors: 1. ARTICLE VI, Section 6: Role Call Vote should be changed to read: Roll Call Vote. 2. ARTICLE VIII, Section 1, Paragraph c: The Village shall present its case throught ... should be changed to read: The Village shall present its case through... Mr. Garber recommended and the Board was agreed to add the words regularly scheduled in the following two places: ARTICLE V, Section 4, Paragraph b: If a member misses two (2) out of any three (3) regularly scheduled consecutive meetings, ... In the event a member misses twenty-five percent (25%) of the previous twelve (12) regularly scheduled meetings, ... Ms. Burch moved to approve the Rules and Regulations as corrected above. Vice Chairman Herrera seconded the motion. The motion passed unanimously. Each member signed the Rules and Regulations (NOTE: Mr. Patnik was not present to vote.) Prior to approving the Rules and Regulations, the Board discussed the possibility of public notification to find out who in the community would be interested in serving on the Board when vacancies arose. Chairman Asmus felt this would head off potential problems and give the Village a list of qualified applicants to consider. Ms. Burch questioned the notification process a member was required to give if a meeting was missed and asked for clarification of how such notice was going to be handled in an "advisory capacity" (ARTICLE VI, Section 4, Paragraph a). The Board discussed the • paragraph concerning absences and member removal (ARTICLE VI, Section 4, Paragraph b). Chairman Asmus recommended any voting concerning an • Code Enforcement Board Regular Meeting July 8, 1996 Page Five absence take place when the member was present. Mr. Nelson advised the Village Attorney had researched Florida Statutes and modified this paragraph to comply. It was also to protect against the necessity to cancel a regularly scheduled meeting due to lack of a quorum which the Board had been forced to do in the past. Mr. Hegedus felt these two paragraphs (referenced above) were very restrictive, a kind of "policing" of members which was not necessary as members served in a voluntary capacity and attended meetings because they wanted to. Mr. Nelson commended the Board on how well members worked together and said it was only a remote possibility that a member would ever be removed. This wording in the Rules and Regulations was necessary should removing a member ever become necessary. He suggested the Board approve the Rules and Regulations with the minor grammatical changes. If, down the line, amendments were needed to the Rules and Regulations, the Board was empowered to make such amendments. D. Voting Procedures This item was covered in the approval of the Rules and Regulations E. Parkway/Swale/Gravel Mr. Nelson said this item was an issue for Planning and Zoning, and he was bringing it to the Board's attention this evening because he would like the Board's input prior to meeting with Planning and Zoning. He advised that violations and noncompliance issues coming before this Board in the future would be substantial as some residents were objecting to repairing their deteriorating swale areas because of lack of fmances, disfavor with the Village's Ordinance not allowing use of gravel in any fashion, and belief that it was the Village's responsibility for swale upkeep as public property. Some residents felt it was the Village's fault that grass would not grow on many swale areas because the Village was not pruning trees appropriately. The Board offered ideas and suggestions for Mr. Nelson to take to Planning and Zoning. F. Board Member Absences Chairman Asmus read the requests for member absences as follows: Ms. Burch will be out the month of September 1996 for a vacation; Mr. Sydow will be out the month of October 1996 for a vacation; and Chairman Asmus said there was a strong possibility he would be absent from the August 1996 meeting due to a business trip in Atlanta. • • • Code Enforcement Board Regular Meeting July 8, 1996 Page Six Mr. Garber moved to approve all three requests. Mr. Hegedus seconded the motion. The motion passed unanimously. IV. ADJOURNMENT Ms. Burch moved to adjourn. Vice Chairman Herrera seconded the motion. The motion passed unanimously. Chairman Asmus adjourned the meeting at 8:58 P.M. A/Li smus, Chairperson Arit arol Ann Ragone mer tary