04-04-2002 Regular Meeting•
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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
April 4, 2002
The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday,
April 4, 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 Peri
John Busta
Robert Vickers
Rod Buenconsejo
ALSO PRESENT: Al Berg, Planning and Zoning Director
Omar Lyon, Code Enforcement Officer
Hillary Graver, Code Enforcement Officer
Richard Trumble, Code Enforcement Supervisor
Richard Sarafan, Village Attorney
ABSENT: Manny Quiroga, John Patnik
All persons testifying were sworn in at this time.
LA) MARCH 7, 2002 MINUTES
Mr. Peri moved to approve the March 7, 2002 minutes. Mr. Buenconsejo seconded the motion. The
vote was unanimous in favor.
2.B) FIRST HEARINGS
Summary Adjudication:
Cases: 2002-02168, 2295, 2325, 2377, 2378, 2384, 2385.
Chairman Asmus read each case and address into the record and asked if anyone was present. No
one was present.
Code Enforcement
April 4, 2002 Page 2
Richard Tremble, Code Enforcement Supervisor testified that Affidavits of Non -Compliance and
evidence of violation existed in each of the files.
Mr. Perl 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. Buenconsejo
seconded the motion. Motion passed 5-0.
3.C) PENALTY HEARINGS
IDCase: 2000-1980 Owner: Bennet D. & Kathryn Kennedy
Address: 117 NE 93 St.
Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation
still existed. Mr. Bennet Kennedy was there to present his case. He stated that he obtained
architectural plans and contacted a contractor and a roofer. He stated that he needed more time to
get the job done. The Board discussed the amount of time that the roof had not been repaired after
the owner had obtained the permit. After further discussion from the Board, Mr. Vickers moved for
a finding of fact and a conclusion of law confirming that a violation of the Miami Shores Village Code
existed as of January 3, 2002, the day the offending party was to have corrected the violation.
Because the violation was not timely brought into compliance, there is hereby assessed a fine against
the violator of $25.00 per day, retroactive from the original compliance date. Upon recording, the
Board's Order will constitute a lien on the property of the violator. Costs in the amount of $15.00
are hereby assessed for tonight's proceeding to recoup the Village's expenses in prosecuting the
violation for this hearing. Mr. Busta seconded the motion. Motion passed 5-0.
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. 2000-02151, 2184, 2208, 2211, 2255, 2282, 2335, 2382.
• Mr. Buenconsejo moved that, in each case currently on the penalty docket for tonight's hearing, each
Code Enforcement April 4, 2002 Page 3
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 Staffs 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 5-0.
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.: 8602
Owner: Jennifer Klicpera
Address: 157 NE 104 St.
The owner, Jennifer Klicpera was there to present the case. She stated that the car was not removed
from the property because it was in probate. She also explained that her father was the previous
owner of the property but that he passed away when she was still a minor. She stated that she was
not clear about what would happen after her father passed away and understood that the car on the
property could not be moved. Mr. Vickers moved to release the lien upon payment of $1,000.00 in
ten(10) calendar days. If payment is not made in ten(10) calendar days, the lien will go back to the
original amount. Mr. Buenconsejo seconded the motion. Motion passed 3-2. (Mr. Asmus and Mr.
Peri voted no).
Case No.: 2000-00519
Owner: Jon Sonnenblick
Address: 534 NE 102 St.
Richard Trumble, Code Enforcement Supervisor, was there to present the case. Mr. Trumble
explained the status of the case and stated that the owner was not present but that he would hie for
his application to be considered. After further discussion from the Board, Mr. Perl denied the request
for relief application. Mr. Buenconsejo seconded the motion. Motion passed 5-0.
Case No.: 2000-01172
Owner: Sandy and Dino Detrick
Address: 570 NE 106 St.
The owner, Sandy Detrick was there to present her case. Mrs. Detrick stated the reasons why she
felt that the fine due should be reduced. The Board reviewed the letter that was submitted to them
in the packages. After further discussion, Mr. Perl moved to release the lien upon payment of
$2,200.00 in thirty(30) calendar days. If payment is not made in thirty(30) calendar days, the lien will
go back to the original amount. Mr. Buenconsejo seconded the motion. Motion passed 4-1. (Mr.
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Code Enforcement April 4, 2002 Page 4
Asmus voting no).
Case No.: 5274 Owner: Francisco G. Quinonez
Address: 188 NW 104 St.
The owner, Francisco G. Quinonez, was there to present his case. He stated that the property had
already been in compliance for a long time but that the case presented was not in the application of
request for relief at the time the other cases got adjudicated. After further discussion from the Board,
Mr. Vickers moved to release the lien upon payment of $1,000.00 in ten(10) calendar days. If
payment is not made in ten(10) calendar days, the lien will go back to the original amount. Mr.
Buenconsejo seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Busta voted no).
Case No.: 2000-01710
Owner: Joanne Shopay
Address: 29 NW 104 St.
A letter was submitted to the Board stating that the owner will pay $2,500.00 withing 5 working days
to satisfy the lien amount. Mr. Vickers made a motion to accept the offer. Mr. Busta seconded the
motion. Motion passed 5-0.
• 4.D) NEW BUSINESS:
The Board discussed the issue of pressure cleaning the roofs of Historic Preservation houses which
also have Cuban tiles.
5.E) ADJOURNMENT:
Mr. Buenconsejo moved that the meeting be adjourned. Mr. Peri seconded the motion. Motion
passed 5-0. The April 4, 2002 meeting of the Code Enforcement Board was adjourned at 7:30 p.m.
Irene M. Fajardo, Recording Secretary
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