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03-07-2002 Regular Meeting• MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village March 7, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, March 7, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman Peri. PRESENT: Barry Asmus, Chairman Barry Perl John Patnik 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 Trumble, Senior Code Enforcement Supervisor Richard Sarafan, Village Attorney ABSENT: Manny Quiroga All persons testifying were sworn in at this time. 1.A) FEB. 7, 2002 MINUTES Mr. Busta moved to approve the February 7, 2002 minutes with the amended corrections. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case No: 2002-02307 Owner: Sonia Zepeda Address: 1020 NE 107 St. Section: Bldg. 6-4 (Unauthorized construction and alteration) Code Enforcement March 7, 2002 Page 2 Omar Lyon, Code Enforcement Officer, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence. The owner Sonia Zepeda was there to present her case. She stated that she was unaware that she needed to obtain a permit to paint in the house since she is a first time home owner. She also stated that when she tried to obtain the permit, the color was denied. She requested a continuance to appeal to the Planning and Zoning Board. Following the submission of evidence relevant to the case, Mr. Pert 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 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 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 No: 2002-02187 Owner: Samuel & Chrysanthne Bamman Address: 672 NE 98 St. Section: Bldg. 20-16(a)(b) (Obstruction on R/W) Omar Lyon, Code Enforcement Officer, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence. The owners, Samuel and Chrysanthe Bamman, were there to present their case. They stated that the rocks were placed on the swale for safety reasons and for the other residents not to park there. A letter was submitted to the Board and read into the record as evidence. Following the submission of evidence relevant to the case, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-16(a)(b) of the Miami Shores Village Code. The violator shall correct the violation by April 4, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by April 4, 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. Summary Adjudication: Cases: 2000-02033, 2151, 2167, 2002-02184, 2185, 2211, 2212, 2222, 2250, 2255, 2261, 2262, 2282, 2287, 2324, 2327, 2315, 2348, 2379, 2382. Chairman Asmus read each case and address into the record and asked if anyone was present. No one was present. • Code Enforcement March 7, 2002 Page 3 Richard Trumble, Code Enforcement Supervisor testified that Affidavits of Non -Compliance and evidence of violation existed in each of the files. Mr. Vickers 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 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. Perl seconded the motion. Motion passed 6-0. 3.C) PENALTY HEARINGS 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. 2000-02054, 2055, 2133, 2002-02160. 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 6-0. Richard Trumble, Code Enforcement Supervisor, testified that Affidavits of Non -Compliance and evidence of violation existed in each of the files. 4.D) REQUEST FOR RELIEF Case No.: 1697 Owner: Roberto Pedraza Address: 150 NW 99 St. • • Code Enforcement March 7, 2002 • Page 4 The attorney Stephen Loffredo was there to represent the owner. He stated that Mr. Pedrazo has attended the previous meeting and did not include case 1697 for request for relief since he was not aware that it existed. He asked if the Board could release the lien for this case since all previous liens were released. Staff recommended for lien to be released. After further discussion, Mr. Buenconsejo made a motion to include this case with the previous releases from February 7, 2002. Mr. Perl seconded the motion. Motion passed 5-1. (Mr. Asmus voting no.) Case No.: 2000-01907, 09 Owner: Gilberto Martin Address: 1177 NE 104 St. Mr. Martin was there to present his case. He stated that he was not aware that gravel was not allowed on the property. Mr. Martin offered to pay $500.00 of the total lien amount. Mr. Perl moved to release the lien upon payment of $500.00 in seven(7) calendar days. If payment is not made in seven(7) calendar days, the lien will go back to the original amount. Mr. Buenconsejo seconded the motion. Motion passed 5-1. (Mr. Asmus voting no). 5.E) NEW BUSINESS: The Board discussed the violations of unapproved parking and inoperable vehicles. They stated that those violations should be given less time for compliance. They also stated that request for relief applications will not be accepted without a proposed offer and that the cases will not be reheard during that time. 6.F) ADJOURNMENT: Mr. Buenconsejo moved that the meeting be adjourned. Mr. Vickers seconded the motion. Motion passed 6-0. The March 7, 2002 meeting of the Code Enforcement Board was adjourned at 7:15 p.m.