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05-02-2002 Regular Meeting• • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village May 2, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, May 2, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman Barry Asmus. PRESENT: Barry Asmus, Chairman Barry Perl John Busta Robert Vickers Rod Buenconsejo Manny Quiroga John Patnik 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 All persons testifying were sworn in at this time. 1.A) APRIL 4, 2002 MINUTES Mr. Patnick moved to approve the April 4, 2002 minutes with the amended corrections. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case: 2510 Owner: Marie C. Filsaime Address: 8849 Biscayne Blvd. Code Section: Sch. Reg. 504(f)(1) Richard Trumble, Code Enforcement Supervisor, explained the basis of the case and stated that a violation still existed. The owner Marie Filsaime was there to present the case. She explained that she did not know about the unlawful signs from the previous owner or that the signs had to be approved by the Planning and Zoning Board. 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 Sch. Reg. 504(f)(1) of the Miami Code Enforcement May 2, 2002 Page 2 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 9, 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 original compliance date given in the Notice of Violation. 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: 2447 Owner: James and Helen Mennes Address: 770 NE 97 St. Code Section: 520(i) and 521(b)(1)a Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner James Mennes was there to present the case. He stated that the property had gravel when he first bought it, but that he will remove the gravel if it is against the code. 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 520(i) and 521(b)(1)a of the Miami Shores Village Code. The violator shall correct the violation by the July meeting 2002 and • shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by the July meeting 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 original compliance date given in the Notice of Violation. 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. • Case:2459 Owner: Jean Serge Michel Address: 30 NW 110 St. Code Section: Bldg. 6-4 Omar Lyon, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner Mr. Michel was there to present his case. His son spoke on his behalf He disagreed that a violation existed on the property and explained that the shed in question had been there for twelve years and no violation was ever issued. It was assumed that a permit was pulled for the shed and he was not aware that it was an illegal structure. Mr. Lyon said that the shed did not appear in the original survey of the property and was never permitted. Following the submission of evidence relevant to the case, Mr. Busta moved for a finding of fact and a conclusion oflaw that a violation exists according to Section Bldg. 6-4 of the Miami Shores Village Code. The violator shall correct the violation within thirty(30) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed within thirty(30) days, the Code Enforcement Officer is to report back to the • Code Enforcement May 2, 2002 Page 3 Board and the Board may then assess a fine against the violator in the amount of $25.00 a day starting on the original compliance date given in the Notice of Violation. 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: 2673 Owner: Edward H. Jr. and Adriana Risher Address: 9125 NE 2 Ave. Code Section: Bldg. 518(a)/518(b) Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner Edward Risher was there to present the case. The owner stated that due to the location of the property, his address could be changed, and therefore, the hedge would be permitted. The Board discussed the procedures and the requirements for having an address change on the property. 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 the July meeting 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by the July meeting 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 original compliance date given in the Notice of Violation. 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. Case: 2509 Owner: Robert M. Sherman Address: 1008 NE 94 St. Code Section: 5-21(Pet limitation & control) Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner Robert Sherman was not there to present the case, but several witnesses and complainants were present. Denise Aloise and Ernestine Ede were two of the witnesses present that testified against the property owner, Robert Sherman. They complained that Mr. Sherman had over three dogs on the property. They stated that the owner would temporarily remove the dogs, but that eventually the dogs would return. They also complained about the barking of the dogs and the terrible smell coming from where the dogs are being kept. They believed that the conditions on Mr. Sherman's property in regards to the dogs are a potential health hazard. Mr. Berg, the Planning and Zoning Director, stated that the structures where the dogs were being kept were probably illegal structures. 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 5-21 of the Miami Shores Village • Code Enforcement May 2, 2002 Page 4 Code. The violator shall correct the violation in seven days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in seven days, 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 $100.00 a day starting on the original compliance date given in the Notice of Violation. 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 6-1. (Mr. Asmus voting no). Case: 2610 Owner: Robert M. Sherman Address: 1008 NE 94 St. Code Section: Bldg. 6-4 Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner Robert Sherman was not there to present the case. The officer Hillary Graver stated that the owner applied for a permit for the structures, but the permit was denied. She stated that these unauthorized structures were being used as kennels for the dogs. 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. The violator shall correct the violation in thirty days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in thirty days, 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 $75.00 a day starting on the original compliance date given in the Notice of Violation. 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 5-2. (Mr. Asmus and Mr. Perl voted no). Summary Adjudication: Cases: 2002-2326, 2402, 2419, 2423, 2424, 2452, 2484, 2562, 2570, 2587. 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 May 2, 2002 Page 5 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 staffs 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 7-0. 3.C) PENALTY HEARINGS Case: 2000-02033 Owner: Enrique J. Garcia and Ines Hegedus Address: 1201 NE 98 St. Richard Trumble, Code Enforcement Supervisor, explained the basis of the case and stated that the owner had removed the structure but had left four wooden post sticking out of the ground. The owner Ines Hegedus was there to present the case. She stated that the wooden post were left there because they were planning to install a pergola. After further discussion from the Board, Mr. Quiroga made a motion that the case be found in compliance. Mr. Patnick seconded the motion. Motion passed 4-3. (Mr. Busta, Mr. Perl, and Mr. Buenconsejo voting no). 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. 2000-2295, 2377, 2378. 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 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. Buenconsejo seconded the motion. Motion passed 7-0. Richard Trumble, Code Enforcement Supervisor, testified that Affidavits of Non -Compliance and evidence of violation existed in each of the files. • • Code Enforcement May 2, 2002 Page 6 • 4.D) NEW BUSINESS: The Board discussed the issues in regards to Section 108 and 6050(p) of the Internal Revenue Code which deal with income from the discharge of indebtedness. The Board agreed that a social security number must be obtained from the applicants who are applying for request for relief until further notice. 5.E) REQUEST FOR RELIEF Case No.: 5349, 5355 Owner: Ximena Johnson Address: 5 NE 105 St. S.S.#: 594-16-7239 The owner Ximena Johnson was there to present the case. She submitted a previous application for request for relief and was denied. She stated that she was never notified of the violations. After discussion from the Board, Mr. Perl moved to release the lien upon payment of $17,000.00 within sixty(60) days. If payment is not made within sixty(60) days, the lien will go back to the original amount. Mr. Quiroga seconded the motion. Motion was opened for discussion. After further discussion from the Board a roll vote was taken. Motion failed 4-3. (Mr. Busta, Mr. Buenconsejo, Mr. Vickers, and Mr. Asmus voted no). Case No.: 6922 Owner: Susan Lawson Address: 54 NE 97 St. Susan Lawson was there to present the case. She stated that the notices were sent to the previous owners, but that there was contact with the Village staff in regards to the violation which was then immediately corrected. After discussion from the Board, Mr. Perl moved to release the lien upon payment of $1,600.00 within ten(10) days. If payment is not made within ten(10) days, the lien will go back to the original amount. Motion failed due to lack of a second. 5.E) ADJOURNMENT: Mr. Buenconsejo moved that the meeting be adjourned. Mr. Peri seconded the motion. Motion passed 7-0. The May 2, 2002 meeting of the Code Enforcement Board was adjourned at 8:30 p.m. Irene M. Fajardo, Recording Secretary Mr. Barry Asmus, Chairman