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02-07-2002 Regular Meeting• • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village February 7, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, February 7, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman Perl. PRESENT: Barry Asmus, Chairman Barry Perl John Patnik Manny Quiroga John Busta Robert Vickers Rod Buenconsejo ALSO PRESENT: Al Berg, Planning and Zoning Director Omar Lyons, Code Enforcement Officer Hillary Graver, Code Enforcement Officer Richard Tremble, Code Enforcement Supervisor Richard Sarafan, Village Attorney All persons testifying were sworn in at this time. 1.A) JAN. 3, 2002 MINUTES Mr. Quiroga moved to approve the January 3, 2002 minutes with the amended corrections. Mr. Patnick seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case No: 2000-02053 Owner: Paul & Sancionise Etienne Address: 89 NW 106 St.. Section: Bldg. 6-4 (Unauthorized construction and alteration) Section: 12-211(a) Unlawful Occupancy • • Code Enforcement February 7, 2002 Page 2 Omar Lyon, Code Enforcement Officer, testified that a violation still existed on the property. Pictures and Police Report were submitted to the Board as evidence. The Police Report was read into the record stating that the unit in the property was being rented. The owner, Sancionise Etienne and family friend, Morland Luis, were there to present their case. Mr. Luis testified that the person living in the unit is the owner's niece. He also stated that the garage was restored to its original configuration. The Board discussed the Police Report and stated that an code officer would inspect the property to confirm that the violations were cured. Following the submission of evidence relevant to the case, Mr. Perl made two motions; He moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-211(a) of the Miami Shores Village Code. The violator shall correct the violation in twenty four(24) hours and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. He also 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 by Feb. 21, 2002, and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in twenty four(24) hours for Unlawful Occupancy and by Feb. 21, 2002 for Unauthorized Construction and Alteration, 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 7-0. Case No: 2000-02124 Owner: Boris Moroz/ Burger King Address: 9099 Biscayne Blvd. Section: Bldg. 6-4 (Unauthorized construction and alteration) Richard Trumble, Code Enforcement Supervisor, testified that a violation still existed on the property as the building and the roof were painted without a permit. Pictures were submitted to the Board as evidence. Dave Moroz and the construction manager, Rudy Rivera, understood the nature of the violation. They explained that they were from out of town and that they had checked with the City of Miami by mistake. They didn't check with Miami Shores before they started to paint. 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 Bldg. 6-4 of the Miami Shores Village Code. The violator shall correct the violation by March 7, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by March 7, 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. Buenconsejo seconded the motion. Motion passed 7-0. • • • Code Enforcement Case No: 2000-02127 February 7, 2002 Page 3 Owner: Raul Nobili Address: 352 NE 98 St. Section: Bldg. 12-133(Unsightlyfascia/sofit/house ext) Omar Lyon, Code Enforcement Officer, testified that a violation still existed on the property. Richard Trumble, Code Enforcement Supervisor, stated that the Historic Preservation Board had denied permission for the owner to pressure clean his roof. Mr. Benton, the Village manager requested a continuance. Following the submission of evidence relevant to the case, Mr. Vickers moved that the case be continued until the next meeting on March 7, 2002. Mr. Patnick seconded the motion. Case No: 2000-2138 Owner: Elsie Bayoff Address: 336 NE 98 St. Section: Bldg.12-13 3 (Unsightly fascia/soffit/house ext) Omar Lyon, Code Enforcement Officer, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence. The owner, Elsie Bayoff, was there to present her case. She stated that she was advised by Warren Bittner, of the Historic Preservation Board, not to clean her roof. She also stated that the roof has been the same way for about 40 years. The Board informed the owner that the property was not covered by the historical ordinance and therefore the roof needed to be cleaned. Following the submission of evidence relevant to the case, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section Bldg. 12-133 of the Miami Shores Village Code. The violator shall correct the violation by May 2, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by May 2, 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 thereafter. 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 7-0. Case No: 2000-02156 Owner: Katiusca Hurles Address: 9488 NW 2 Ave. Section: Bldg. 6-4 (Unauthorized construction and alteration) Hillary Graver, Code Enforcement Officer, testified that a violation still existed. Pictures were submitted to the Board as evidence. The owner, Katiusca Hurles, was there to present her case. Mrs. Hurles stated that the driveway needs to be bigger because of way the property is designed. The Board informed the owner that the issue of the driveway should be brought up to the Planning and Zoning Board for review. Following the submission of evidence relevant to the case, Mr. Perl 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 Enforcement February 7, 2002 Page 4 Code. The violator shall correct the violation by May 2, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by May 2, 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 ofthe 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 5-2. (Mr. Busta and Mr. Patrick voted no). Case No: 2002-02238 Owner: Paul Regensdorf Address: 1270 NE 98 St. Section: 521 (Pet Limitation and Control) Omar Lyon, Code Enforcement Officer, testified that a violation was never seen by him. The owner, Paul Regensdorf, was there to present his case. He stated that one of the Dalmatians was returned to a protective service for Dalmatians. A letter from Patty Dane, who works for the protective service, was read into the record as evidence that the Dalmatian was returned. Following the submission of evidence relevant to the case, Mr. Buenconsejo moved to dismiss the case. Mr. Quiroga seconded the motion. Motion passed 7-0. Summary Adjudication: Cases: 2000-01995, 2054, 2055, 2057, 2059, 2067, 2133, 2002-02160, 2204, 2208, 2316 Chairman Asmus read each case and address into the record and asked if anyone was present. No one was present. Richard Trumble, 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 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 cases, costs in the amounts specified in staffs recommendations for tonight' s hearings are hereby assessed in order to recoup the Village's expenses in prosecuting the violations to date. Mr. Perl seconded the motion. Motion passed 7-0. • • Code Enforcement 3.C) PENALTY HEARINGS February 7, 2002 Page 5 At this time Chairman Asmus 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. 2000-01892, 1996, 2001, 2002, 2013, 2017, 2026, 2031. Mr. Buenconsejo 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 Staff'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 7-0. Richard Trumble testified that Affidavits ofNon-Compliance and evidence ofviolation existed in each of the files. 4.D) REQUEST FOR RELIEF Case No.: 1710 Owner: Jorge -Meneses Address: 29 NW 104 St. Jorge Meneses was there to offer testimony on the case. Mr. Leavell stated that he had not received proper notice. Evidence in the file shows that proper notice was sent to the owner. Mr. Patnick moved to deny the request for relief. Mr. Quiroga seconded the motion. Motion passed 7-0. Case No.: 9164 Owner: Mulatre Mertilus Address: 229 NW 111 Terr. Ferdinand Liger was there to represent the owner Mulatre Mertilus who was present but did not speak English. Mr. Liger stated that proper notice was never received. Evidence in the file showed a signed green card. After further discussion, Mr. Liger offered to pay $2,000.00 of the total lien amount. Mr. Buenconsejo moved to release the lien upon payment of $2,000.00 within thirty (30) days. If payment is not made within thirty (30) days, the lien will go back to the original amount. Mr. Quiroga seconded the motion. Motion passed 5-2. (Mr. Asmus and Mr. Perl voting no). Case No.: 5349, 5355 Owner: Ximena Johnson Address: 5 NE 105 St. • Ms. Johnson was there to offer testimony on her case. She stated that she was not aware that there was a lien on the property. Evidence in the file shows that proper notice was sent to the resident. • • Code Enforcement February 7, 2002 Page 6 After further discussion from the owner, Mr. Peri moved to deny the request for relief. Mr. Vickers seconded the motion. Motion passed 7-0. Case No.:5670, 5716, 5117 Owner: Robert Pedraza 5746, 5747, 7050 Address: 150 NW 99 St. 8050 The attorney, Stephen Loffredo was there to represent the owners and offer testimony on their case. Mr. Loffredo stated that the present owners had bought the property with all the existing violations. He also stated that they wanted to continue the repairs and give the property a new beginning. The owners offered to pay $5,000.00 of the total lien amount. After further discussion from the Board, Mr.%nade a motion to approve the request. Mr. Quiroga seconded the motion. Motion passed 5-2. (Mr. Asmus and Mr. Perl voting no) 5.E) NEW BUSINESS: The board discussed the duties of the Historical Board in Miami Shores Village. The Board discussed their concerns in regards to the members of the Historical Board speaking to the residents about their properties outside the meetings. 6.F) ADJOURNMENT: Mr. Peri moved that the meeting be adjourned. Mr. Patrick seconded the motion. Motion passed 7-0. The February 7, 2002 meeting of the Code Enforcement Board was adjourned at 9:15 p.m.