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01-03-2002 Regular MeetingMINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village January 03, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, January 3, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman Peri. PRESENT: Bany Perl John Patnik Manny Quiroga John Busta Robert Vickers ALSO PRESENT: Al Berg, Planning and Zoning Director Omar Lyons, Code Enforcement Officer Richard Trumble, Senior Code Enforcement Supervisor Richard Sarafan, Village Attorney ABSENT: Barry Asmus, Chairman Hillary Graver, Code Enforcement Officer Rod Buenconsejo 1.A) NOV. 1, 2001 MINUTES Mr. Vickers moved to approve the November 1, 2001 minutes. Mr. Quiroga seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case No: 2000-02004 Owner: Alberto & Josephine Soto Address: 609 NE 105 St. Section: Bldg. 6-4 (Unauthorized construction and alteration) Alberto Soto requested a continuance for the violation until the following meeting on February 07, 2002. • Code Enforcement January 3, 2002 Page 2 Following the submission of evidence relevant to the case, Mr. Vickers moved for a finding of fact and a 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 Feb. 07, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by Feb. 07, 2002, 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 starting on the date of compliance given by the order. 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. Quiroga seconded the motion. Motion passed 6-0. Case No: 2000-02018 Owner: Diane Hardin Address: 9125 NE 4 Ave. Section: Bldg. 12-133 (Unsightly fascia, soffit house exterior) Richard Trumble, Code Enforcement Supervisor, testified that a violation still existed on the property. Alan Haigot who was there to represent the owner of the property requested a continuance for the violation until the following meeting on February 07, 2002. Following the submission of evidence relevant to the case, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Feb. 07, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by Feb. 07, 2002, 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 starting on the date of compliance given by the order. 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. Vickers seconded the motion. Motion passed 6-0. Case No: 2000-01980 Owner: Bennet D. Kennedy & Kathryn M. Address: 117 NE 93 St. Section: Bldg. 12-128 (Weather/ water tight structures) _ d ode Enforcement .Sup (sor, testified that a violation still existed on the property. Mr. Bennet Kennedy agrees that a violation exists and stated that he will work in good faith to come into compliance immediately..' • ..:0 41,0 +,�, nfcement-r i testified that the owner has kept in contact with the de • artment • has been t mg to r • e issue as quickly as possible. Following the submission of evidence relevant to the case, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-128 of the Miami Shores Village Code. The violator shall correct the violation by Feb. 07, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by Feb. 07, 2002, 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 starting on the date • Code Enforcement January 3, 2002 Page 3 of compliance given by the order. 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. Quiroga seconded the motion. Motion passed 6-0. Case No: 2000-01913 Owner: Michael & Ann Gorman Address: 1059 NE 98 St. Section: 520(i) (Deteriorated driveway and approach) Richard Tremble, Code Enforcement Supervisor, testified that a violation still existed. Michael Gorman, the owner of the property was there to present his case. He agreed that a violation still existed and that he was waiting for a permit approval. Following the submission of evidence relevant to the case, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 520(i) of the Miami Shores Village Code. The violator shall correct the violation by Feb. 07, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by Feb. 07, 2002, 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 starting on the date of compliance given by the order. 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. Vickers seconded the motion. Motion passed 6-0. Case No: 2000-01901 Owner: Elizabeth Wilkie Address: 1098 NE 98 St. Section: 520(i) (Deteriorated driveway and approach) Richard Trumble, Code Enforcement Supervisor, testified that a violation still existed. Michael Gorman stated that he was representing the owner of this property and that since both owners are using the same contractor, the violation would be corrected at the same time. Following the submission of evidence relevant to the case, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 520(i) of the Miami Shores Village Code. The violator shall correct the violation by Feb. 07, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by Feb. 07, 2002, 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 starting on the date of compliance given by the order. 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. Busta seconded the motion. Motion passed 6-0. Case No: 2000-01902 Owner: Fernando & Omaira D. Riano Address: 1058 NE 98 St. Section: 520(i) (Deteriorated driveway and approach) Section: 521(b)(1)a (Unlawful loose material) • • Code Enforcement January 3, 2002 Page 4 Richard Trumble, Code Enforcement Supervisor, testified that a violation still existed. Omaira Riano was there to present the case. She stated that they are in the process of obtaining a permit and bringing the property into compliance. Following the submission of evidence relevant to the case, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Sections 520(i) and 521(b)(1)a of the Miami Shores Village Code. The violator shall correct the violations by Feb. 07, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by Feb. 07, 2002, 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 starting on the date of compliance given by the order. 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. Quiroga seconded the motion. Motion passed 6-0. Case No: 2000-02044 Owner: Fred & Bertha Bender Address: 199 NW 93 St. Section: 520(a) (Commercial vehicle in residential zone) Bertha Bender, the owner, and Ms. Paramour, the tenant, were both there to present their case. They stated that the commercial vehicle had already been removed from the property. Richard Trumble, Code Enforcement Supervisor, explained the basis of the case and stated that the violation was corrected. He stated that a verdict for a repeat violation should be motioned for this case and asked the Board for a finding that a violation existed. Following the submission of evidence relevant to the case, Mr. Quiroga made a motion to agree for a finding of fact and a conclusion of law that a violation existed and that it was corrected. A repeat violation, if observed, shall result in an immediate fine, even if corrected at a previous date. Code Mr. Busta Quiroga seconded the motion. Motion passed 6-0. Case No: 2000-02039 Owner: Luis & Juana Reyes Address: 10 NE 103 St. Section: 501(i) (Unlawful animals on premises) Richard Trumble, Code Enforcement Supervisor, explained the basis of the case and stated that the violation was corrected. He stated that a verdict for a repeat violation should be motioned for this case and asked the Board for a finding that a violation existed. Following the submission of evidence relevant to the case, Mr. Quiroga made a motion to agree for a finding of fact and a conclusion of law that a violation existed and that it was corrected. A repeat violation, if observed, shall result in an immediate fine, even if corrected at a previous date. Code Mr. Busta Quiroga seconded the motion. Motion passed 6-0. • Summary Adjudication: Cases: 2000-1892,1899, 1983, 1984, 1996, 2001, 2002, 2013, 2015, 2017, 2026, 2031, 2045, 2049. • Code Enforcement January 3, 2002 Page 5 Chairman Perl read each case and address into the record and asked if anyone was present. No one was present. Richard Tremble, Code Enforcement Supervisor 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 stags 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 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. Vickers seconded the motion. Motion passed 6-0. 3.C) PENALTY HEARINGS Case No: 2000-01920, 1921 Owner: Timothy H. Crutchfield Address: 69 NE 99 St. Richard Trumble, Code Enforcement Supervisor, testified that violations still existed on the property. Mr. Crutchfield was there to present his cases. Mr. Crutchfield stated that he had not received proper notice from the department and therefore felt that an extension should be granted for compliance. He also stated that the structure in the rear of the property was permitted in 1972. The Board discussed the provisions of the permit for the structure in 1972 and discussed how the structure compared to what was there today. Evidence from the file showed that Mr. Crutchfield had received proper notification. Following the submission of evidence relevant to the case, Mr. Quiroga made a motion to continue the case until the following meeting on February 7, 2002. Mr. Vickers seconded the motion. Motion passed 6-0. Case No: 2000-01966 Owner: Joseph Mondragon & Luisa Var Address: 9118 N. Miami Ave. • Code Enforcement January 3, 2002 Page 6 Richard Trumble, Code Enforcement Supervisor, testified that a violation still exists on the property. Mr. Mondragon was there to present his case. He agreed that a violation existed and that the vehicle would be removed immediately. Mr. Quiroga made a motion to continue the case for five days. Mr. Vickers seconded the motion. Motion passed 6-0. Case No: 2000-01963 Owner: Thomas & Amy Zibelli Address: 920 NE 95 St. Richard Trumble, Code Enforcement Supervisor, testified that a violation still exists on the property. Mr. Zibelli was there to present his case. He stated that he had gone to the Planning and Zoning Board for approval of the fence, but that it was denied. The Code does not allowed wooden gates in the front yard. Mr. Quiroga spoke on behalf of the owner and requested that the Board grant him a continuance. Mr. Quiroga made a motion to continue the case until the next meeting on February 7, 2002. Mr. Vickers seconded the motion. Motion passed 6-0. Case No: 2000-011737 Owner: Sharon and Leon Rolle Address: 590 NE 96 St. Richard Trumble, Code Enforcement Supervisor, testified that a violation still exists on the property. Mr. Rolle was there to present his case. He stated that he was waiting for the sealed plans in order for the permit to get approved. He requested a continuance for the permit approval and assured that the property will be in compliance promptly. Mr. Quiroga motioned to continue the case until the next meeting on February 7, 2002. Mr. Busta seconded the motion. Motion passed 6-0. At this time Chairman Peri asked if anyone was present and observed that there has been no appearance by anyone on behalf of the alleged violators in connection with the following case numbers: Case No. 2000-01676, 1759, 1916, 1919, 1941, 1959, 1975, 1989, 1991. Mr. Quiroga moved that, in each case currently on the penalty docket for tonight's hearing, each respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against them by prior order of the Board, retroactive from the day the violation 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. Further, with respect to each such case, costs in the amounts specified in the Stag s recommendations for tonight' s hearing are hereby assessed in order to recoup the Village' s expenses in prosecuting the violation to date. Mr. Vickers seconded the motion. Motion passed 6-0. Richard Tremble testified that Affidavits ofNon-Compliance and evidence ofviolation existed in each of the files. • • Code Enforcement 4.D) REQUEST FOR RELIEF Case No.: 9075 January 3, 2002 Page 7 Owner: Said Sabb Address: 10635 NE 11 Ave. Said Sabb was there to offer testimony on his case. Mr. Sabb stated that he had not received proper notice and that he did his best to come into compliance as soon as possible. He offered to pay $1,500.00 of the total lien amount of $15,325.00. Mr. Vickers moved to release the lien upon payment of $1,500.00 within ten (10) days. If payment is not made within ten (10) days, the lien will go back to the original amount. Mr. Busta seconded the motion. Motion passed 6-0. Case No.: 8973 Owner: Roberta Nelson Address: 5 NW 106 St. Attorney, Christopher Kelly, and the owner's son Rick McCain were there to represent the owner Roberto Nelson who was deceased.. Mr. McCain offered to pay $1,000.00 of the total lien amount of $5,925.00. Mr. Quiroga moved to release the lien upon payment of $1,000.00 within ten (10) days. If payment is not made within ten (10) days, the lien will go back to the original amount. Mr. Vickers seconded the motion. Motion passed 6-0. Case No.: 2000-00990 Owner: Ronald Black Address: 25 NE 110 St. Mr. Black was there to offer testimony on his case. He offered to pay $1,000.00 of the total lien amount of $3,400.00 within ten (10) days. Mr. Quiroga moved to release the lien upon payment of $1,000.00 within ten (10) days. If payment is not made within ten (10) days, the lien will go back to the original amount. Mr. Vickers seconded the motion. Motion passed 5-1. (Mr. Patnick voting no). Case No.: 4553, 4961, 4962 5915, 8609, 8610 8861 Owner: Jean Ulysse Address: 295 NW 111 St Mr. Ulysse was there to offer testimony on his case. He offered to pay $1,000.00 of the total lien amount of $29,784.00. Mr. Quiroga made a motion to deny the request. Mr. Busta seconded the motion. Motion passed 6-0. Case No.: 5698, 5715, 5905-7-9, 7339, 7542, 8858, 9051, 9052 Owner: Fertilise Salvane Address: 318 NW 111 Ten. Mr. Salvane was there to offer testimony on his case. He offered to pay $400.00 of the total lien amount of $19, 239.67. Mr. Vickers made a motion to deny the request. Mr. Vickers seconded the motion. Motion passed 6-0. Code Enforcement January 3, 2002 Page 8 • 5.E) ADJOURNMENT: Mr. Vickers moved that the meeting be adjourned. Mr. Quiroga seconded the motion. Motion passed 6-0. The January 3, 2002 meeting of the Code Enforcement Board was adjourned at 8:35 p.m. Irene M. Fajardo, Recording Secretary Mr. Barry Asmus, Chairman • Miami Shores Village 10050 Y'E Second Avenue, ,Miami Shores, fG 33138 Tel. <305) 795-2207 1, ild,my wi a member of the Code Enforcefnent Bodid d received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. Miami Shores Village 1©050, 71 /E Second Avenue, ,Miami Shores, TC 33138 Tel. (305) 795-2207 I, 26e.iet43.Ve.( hes , a member of the Code Enforcement Board received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. • g.,_/-2.�-� Signature of member Miami Shores Village 10050 NE Second Avenue, Miami Shores, FL 33138 Tel. (305) 795-2207 • I, 7.74/ 1e7 , a member of the Code Enforcement Board received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. Signature of member ,Miami Shores Village 10050 WE Second ,avenue, Miami Shores, fC 33138 Tel. (305) 795-2207 I, 4c pCP/ L , a member of the Code Enforcement Board received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. Signatu of member • Miami Shores Village 10050 .NE Second .venue, 7u'iamt Shores, fC 33138 Tel. (305) 795-2207 I, , K , AswAs , a member of the Code Enforcement Board received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. ,Miami Shores Village 10050 ,NE Second ,venue, ,Miami Shores, TG 33138 Tel. (305) 795-2207 I, D s�Jo, a member of the Code Enforcement Board received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. Signatu o member • o7vau+n of Miami Shores Village 10050 NE Second .venue. ,Miami Shores, IC 33138 Tel. (305) 795-2207 I,ilokr� f <a' , r /" a member of the Code Enforcement Board received the Code of Ordinance Book and promise not to mark the book and return it once my term has been served. gnature of member