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07-11-2002 Regular Meeting• • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village July 11, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, July 11, 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 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) JUNE 6, 2002 MINUTES Mr. Quiroga moved to approve the June 6, 2002 minutes. Mr. Patnick seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case: 2002-02480 Owner: Jocelyn Hercule & Jeanne Alten Roland E Xavier Address: 10604 NW 2 Ave. Code Section: Bldg. 12-128 Omar Lyon, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner, Jocelyn Hercule, was there to present his case. Mr. Hercules agreed that a violation existed. He explained that the roof was not repaired in a timely manner because he was having financial problems. He stated that he wanted to obtain a new roof since the entire roof needed repairs. He requested more time to come into compliance. The Board discussed the continuances • Code Enforcement July 11, 2002 Page 2 • that were given to the owner since the case opened. 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 Bldg. 12-128 of the Miami Shores Village Code. The violator shall correct the violation within sixty(60) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed within sixty(60) 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 6-1. Mr. Asmus voted no. Case: 2002-02583 Owner: Ray Jean and Carole Baptiste. Address: 510 NE 93 St. Code Section: 520(i) Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The owner Carole Baptiste, was there to present the case. She did not agree that a violation existed since she had bought the property in the same condition. She also did not agree that the driveway was deteriorated and stated that the gravel was removed. Pictures were submitted to the Board as evidence. The Board discussed the driveway as shown in the pictures. Mr. Sarafan, the Village attorney discussed the provisions of the code in regards to gravel and driveways. 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 Bldg. 520(i) 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 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. . Cases: 2002-02501, 2521, 2526, 2597, 2611, 2641, 2736. 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 • Code Enforcement July 11, 2002 Page 3 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 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. Buenconsejo seconded the motion. Motion passed 7-0. Summary Adjudication: 3.C) PENALTY HEARINGS Case No. 2002-02549, 2600, 2601, 2616, 2617, 2646, 2685. 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. 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. 5.E) REQUEST FOR RELIEF Case No.: 5090 Owner: Betty Wright Address: 9204 NE 10 Ave. The owner Betty Wright was there to present the case. Ms. Wright stated that the property was in compliance before the lien was placed on the property. Evidence in the file showed that the violation Code Enforcement July 11, 2002 Page 4 was not corrected within the time frame stated in the notices. Ms. Wright offered to pay $600.00 to settle the case. After further discussion from the Board, Mr. Patnick made a motion to deny the offer. Mr. Pert seconded the motion. Motion passed 7-0. Case No.: 2000-00912 Owner: Martha Fischback Address: 53 NW 107 St. The owner, Martha Fischback, was there to present the case. She agreed that it took a long time for the property to come into compliance. She explained that she wanted relief from the lien in order to refinance the property. Mrs. Fischback offered $1,000.00 to settle the case. After discussion from the Board, Mr. Vickers moved to approve the offer payable within 45 days. Mr. Perl seconded the motion. Motion passed 5-2. Mr. Asmus and Mr. Perl voted no. Case No.: 2000-01031 Owner: John Dixon Address: 71 NW 93 St. The owner, John Dixon, was there to present the case. Mr. Dixon explained that he was going through a divorce at the time, and that is why the property was not brought into compliance in a timely matter. Mr. Dixon offered $700.00 to settle the case. After discussion from the Board, Mr. Vickers moved to approve the offer payable within 30 days. Mr. Peri seconded the motion. Motion passed 6-1. Mr. Asmus voted no. Case No.: 2000-02484 Owner: Edgar Martinez Address: 38 NW 104 St. The owner, Edgar Martinez, was there to present the case. Mr. Martinez Did not agree that a violation existed. Evidence from the file showed that a violation did exist and that it was not corrected withing the time frame specified by the notices. Mr. Martinez offered $15.00 to settle the case. After discussion from the Board, Mr. Vickers moved to approve the offer of $500.00 payable within 30 days. Mr. Perl seconded the motion. Motion passed 4-3. Mr. Asmus, Mr. Patnick, and Mr. Buenconsejo voted no. Case No.: 2000-01058 Owner: Victor Caravia Address: 138 NE 107 St. The owner, Victor Caravia, was there to present the case. Mr. Caravia agreed that a violation existed and that it took a long time to correct. He explained that he was going through a divorce and asked for understanding. Mr. Caravia offered $1,500.00 to settle the case. After discussion from the Board, Mr. Patnick moved to approve the offer of $1500.00 payable within 16 days. Mr. Buenconsejo seconded the motion. Motion passed 4-3. Mr. Asmus, Mr. Perl, and Mr. Busta voted 110. Code Enforcement July 1, 2002 Page 5 5.E) ADJOURNMENT: Mr. Quiroga moved that the meeting be adjourned. Mr. Peri seconded the motion. Motion passed 7-0. The July 11, 2002 meeting of the Code Enforcement Board was adjourned at 7:30 p.m. Irene M. Fajardo, Recording Secretary • Mr. Barry Asmus, Chairman