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06-06-2002 Regular Meeting• MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village June 6, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, June 6, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman Barry Asmus. PRESENT: ABSENT: ALSO PRESENT: Barry Asmus, Chairman Barry Perl (Came in at 8:00p.m.) John Busta Robert Vickers Manny Quiroga John Patnik Rod Buenconsejo 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) MAY 2, 2002 MINUTES Mr. Quiroga moved to approve the May 2, 2002 minutes. Mr. Vickers seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case: 2002-02760 Owner: Douglas & Lourdes Livernois Address: 1391 NE 102 St. Code Section:Sch. Reg. 400/401 Omar Lyon, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. AI Berg, Planning and Zoning Director explained the code for permitted uses and single family residency. He stated that there are too many vehicles being stored at the property for a single family residency. This was outside storage which is not permitted in the code. Pictures were submitted to the Board as evidence. The owner Douglas Livemois, was there to present his case. Mr. Livernois stated that all the cars were registered and were being used. He also stated that there • • Code Enforcement June 6, 2002 Page 2 are four occupants on the property and that he believed that the code allowed for two vehicles per occupant. Mr. Livemois also stated that he had already removed several vehicle from the property. Mr. Sarafan, the Village attorney, explained the code ofpermitted uses in the Schedule ofRegulation. The Board discussed the code for permitted uses and single family residency and reviewed the pictures submitted to them as evidence of the violation. Following the submission of evidence relevant to the case, Mr. Busta moved for a finding offact and a conclusion of law that a violation existed but that it had been corrected and therefore no fine would be implied unless there is a repeat violation. Mr. Vickers seconded the motion. Motion passed.6-0. Case: 2002-02260 Owner: Yvan Frederic & Kettly D. Address: 9325 NW 2 Ct. Code Section: Bldg. 12-133 Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner Yvan Frederic, was there to present the case. He explained that the reason why it took him so long to obtain a permit was because of financial problems. The Board discussed the time frame of the violation. 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 Bldg. 12-133 ofthe 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. Busta seconded the motion. Motion passed 6-0. Case:2002-02646 Owner: Succes & Anette Pierre Address: 75 NW 110 St. Code Section: 520(i) Omar Lyon, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner's daughter Lorrette Pierre was there to present the case. She agreed that a violation existed and stated that they would start repairing the driveway immediately. 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) 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 • Code Enforcement June 6, 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 6-0. Case: 2002-02595 Owner: Rafael Barba Address: 875 NE 92 St. Code Section: 521(b)1(d) Code Section: 520(i) Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that the violations still existed. The owner Rafael Barba was there to present the case. The owner agreed that violations existed on the property. The owner also stated that he would bring the property into compliance inunediately. Following the submission of evidence relevant to the cases, Mr. Quiroga moved for a finding of fact and a conclusion of law that violations existed according to Section 520(i), 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violations 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 dates given in the Notices 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. Vickers seconded the motion. Motion passed 7-0. Case: 2002-02603, 2604 Owner: Sharon & Leon Rolle Address: 590 NE 96 St. Code Section: Bldg. 12-133 Code Section: Bldg. 12-132 Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner, Sharon Rolle, was there to present the cases. She agreed that violations existed and that she would bring the property into compliance immediately. Mrs. Rolle stated that she obtained the permit for the paint and painted the house the correct color and with the approved permit. The Board reviewed the pictures submitted to them as evidence which showed that the property was painted. Mr. Quiroga move to dismiss case 2002-02604 since the violation had been corrected. Mr. Vickers seconded the motion. Motion passed 6-0. Following the submission of evidence relevant to case 2002-02603, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-132 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 • • Code Enforcement June 6, 2002 Page 4 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 6-0. Case: 2002-02773 Owner: Orlando Cruz-Solano Address: 376 NE 90 St. Code Section: Zoning 101/300 Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. Officer Graver stated that she personally witnessed a second kitchen on the property and that she believed that a unit was being rented. Mr. Berg explained the zoning code for which the owner was cited for. The land use prohibits multiple dwelling units in a single family residency. The attorney, Mr. Stephen Loffredo, was there to represent the owner and present the case. Mr. Loffredo asked questions of the officer in regards to the evidence she stated which proved that the owner was renting the units on the property. Mr. Loffredo submitted a letter to the Board and a copy of an occupational license which showed that in the past, the units were allowed to be rented. The neighbor, Mr. Jeff Reed, came to testify on behalf of the owner and stated that he had no problems with the current occupants of the property. The owner, Orlando Cruz Solaro, stated that he leased the property as a single family residence and that all power bills are addressed to the current tenant. He also stated that Ms. Jones, a friend of the current tenant, is also staying as a temporary guest on the property and that she's not paying any bills. Ms. Jones stated that a stove and a refrigerator were placed in the unit but that a power outlet already existed. She stated that she does not pay any electricity but that she does pay the phone bill on the phone that was also installed in her unit. The Board read the agreements on the lease and stated that the tenants were breaking the agreements in regards to how many adults were allowed to stay on the property. The Board discussed the relationships between the primary tenants and the other occupants in the property. The Board also discussed the code that the owner was cited for. 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 101/300 of the Miami Shores Village Zoning Code. The violator shall correct the violation in sixty days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in sixty 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 $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 4-2. (Mr. Asmus and Mr. Peri voted no). • Code Enforcement June 6, 2002 Page 5 Summary Adjudication: Cases: 2002-02420, 2497, 2498, 2512, 2519, 2549, 2559, 2581, 2582, 2600, 2601, 2616, 2617, 2685, 2707. 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. 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 staffin 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 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 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. Quiroga seconded the motion. Motion passed 6-0. 3.C) PENALTY HEARINGS Case No. 2002-02326, 2402, 2419, 2424, 2452, 2484, 2565, 2570. Mr. Vickers 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 Staffs recommendations for tonight's hearing are hereby assessed in order to recoup the Village's expenses in prosecuting the violation to date. Mr. Quiroga 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. • Code Enforcement 4.D) NEW BUSINESS: June 6, 2002 Page 6 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.: 2000-00243 Owner: Joseph Davitz Address: 1120 NE 100 St. The owner Joseph Davitz was there to present the case. Mr. Davitz stated that the property was in compliance before the lien was placed on the property. Evidence in the file showed that the violation was not in compliance within the time frame given in the notices. Mr. Davitz offered $1.00 to settle the case. After discussion from the Board, Mr. Patrick moved to deny the request for relief. Mr. Quiroga seconded the motion. Motion passed 6-0. Case No.: 20002-01058 Owner: Amy Caravia Address: 138 NE 107 St. The owner, Amy Caravia was there to present the case. She stated that the property was in compliance within the time frame specified by the officer. Evidence in the file shows that the violation was not corrected on time. Ms. Caravia offered $500.00 to settle the case. After discussion from the Board, Mr. Patnick moved to deny the request for relief. Mr. Pert seconded the motion. Motion passed 6-0. Case No.: 2000-00513 Owner: Luis Aropeza Address: 27 NE 94 St An attorney representing the current owner was there to present the case. He stated that the current owner did not receive notification of the violation by the old owner. Also, the tittle insurance did not inform the current owner of the violation and the fines pending. Evidence in the file showed that proper notification was sent to the owner. The Board stated that after proper notice from the Village, it was the tittle's company responsibility to inform the new owner of the lien pending on the property. The owner offered $1,500.00 to settle the case. After discussion from the Board, Mr. Peri denied the request for relief. Mr. Quiroga seconded the motion. Motion passed 4-2. (Mr. Vickers and Mr. Asmus voted no). Case No.: 2000-02184 Owner: Spero Canton Address: 1025 NE 98 St. • The owner, Spero Canton was there to present the case. He stated that he was not aware that a lien • Code Enforcement June 6, 2002 Page 7 existed on the property because he thought that the violation had been corrected. He also stated that once he received notification of the lien, a payment was made to the Village. The case file did not show that any payments were made: After further discussion from the Board, Mr. Quiroga made a motion to approve the request for relief provided that the owner amend his offer to $550.00 payable in ten days. The owner agreed to amend his offer to $550.00 and that he would pay it within ten days. Mr. Patnick seconded the motion. Mr. Perl stated that the motion should include the approval of the Village's attorney. Mr. Quiroga amended his motion. Mr. Patnick seconded the motion. Motion passed 6-0. Case No.: 2000-00243 Owner: Emelina C. Bristo-Soler Address: 10300 N. Miami Avenue The owner. Mrs. Soler was there to present the case. She stated that she was not financially stable during the time that the property was suppose to be in compliance. She stated that she had not realized that a lien was placed on her property. She also stated that she was in the process of selling the home since she could no longer afford the mortgage payments. After further discussion. Mr. Quiroga made a motion to accept $2,000.00 payable in thirty days. Mr. Vickers seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Perl voted no). • 5.E) ADJOURNMENT: Mr. Quiroga moved that the meeting be adjourned. Mr. Perl seconded the motion. Motion passed 6-0. The June 6, 2002 meeting of the Code Enforcement Board was adjourned at 10:30 p.m. Irene M. Fajardo, Recording Secretary • Mr. Barry Asmus, Chairman