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08-01-2002 Regular Meeting• • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village August 1, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, August 1, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by the Vice Chairman Barry Perl. PRESENT: Barry Asmus, Chairman (Mr. Asmus came in at 6:10 p.m.) Barry Perl, Vive Chairman John Busta John Patnik Rod Buenconsejo Manny Quiroga ABSENT: Robert Vickers ALSO PRESENT: Al Berg, Planning and Zoning Director Richard Trumble, Code Enforcement Supervisor Hillary Graver, Code Enforcement Officer Richard Sarafan, Village Attorney All persons testifying were sworn in at this time. 1.A) JULY 11, 2002 MINUTES Mr. Quiroga moved to approve the July 11, 2002 minutes with the amended corrections. Mr. Busta seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case: 2002-02767 Owner: Grace Arrascaeta & Julia McDan Address: 127 NE 97 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, Grace Arrascaeta, was there to present her case. Ms. Arrascaeta explained that she did not know that she needed to pull a permit for an outside shed when she first purchased the item. Ms. Arrascaeta also explained that once she applied for the permit, the permit was not approved since the shed did not comply with the requirements stated in the code. She stated that she was informed by the Village attorney that changes were being considered to be made to the code in regards to sheds, and requested a continuance to wait for the outcome of those possible changes. Mr. Berg, the Planning and Zoning Director, stated that changes to the code in regards to sheds are unlikely, due to the issues of height and volume of the sheds being in proportion with the properties. • • Code Enforcement August 1, 2002 Page 2 Following the submission of evidence relevant to the case, Mr. Buenconsejo made a motion to continue the case until the following meeting on September 5, 2002. Mr. Quiroga seconded the motion. Motion passed 5-0. (Mr. Asmus did not vote since he was not present for the entire testimony.) Case: 2002-02836 Owner: Erik & Elizabeth Margard Address: 1491 NE 102 St. Code Section: 520(i) Richard Tremble, Code Enforcement Supervisor, explained the basis of the case and stated that a violation still existed. The owner, Erik Margard, was there to present the case. Mr. Margard stated that he did not agree that a violation existed. Mr. Margard agreed that some repair needed to be done to the driveway but that a violation was not necessary. He requested additional time to come into compliance. 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. 520(i) of the Miami Shores Village Code. The violator shall correct the violation by September 30, 2002 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by September 30, 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 6-0. Mr. Sarafan requested the administrative fee to be waived since the owner testified that he did not receive the notice until one week before the meeting. Mr. Peri amended the motion to waive the administrative fee. Mr. Quiroga seconded the motion. Motion passed 6-0. Case: 2002-02640 Owner: Robert Aspinall Address: 185 NE 107 St. Code Section: 520(i) Richard Tremble, Code Enforcement Supervisor, explained the basis of the case and stated that a violation still existed. The owner, Robert Aspinall, was there to present the case. Mr. Aspinall stated that he did not receive any notices and that the tenant did not inform him of the violation until the last minute. Mr. Aspinall stated that other properties throughout the Village also have gravel driveways. The Board discussed gravel and how it had always been prohibited in the Village. The Board discussed the various properties which have already been cited for having a gravel driveway. Mr. Aspinall agreed to bring the property into compliance within thirty days. • Code Enforcement August 1, 2002 Page 3 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. 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. Buenconsejo seconded the motion. Motion passed 6-0. Case: 2002-02640 Owner: Sharon & Leon Rolle Address: 590 NE 96 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, Leon Rolle, was there to present the case. A permit application was submitted to the Board as evidence. Mr. Rolle stated that he was trying to restore the house to its original color. Mr. Rolle insisted that the house was painted the same color it had been for many years. Evidence submitted to the Board showed that the approved color in the original application was not the same color that was presently on the house, which was done without first obtaining a permit. 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 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 $50.00 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. Cases: 2000-02149, 2002-02626, 2630, 2662, 2663, 2738, 2762, 2790, 2796, 2809. 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 August 1, 2002 Page 4 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 6-0. 3.C) PENALTY HEARINGS Case: 2002-02641 Owner: Robert Aspinall Address: 185 NE 107 St Richard Trumble, Code Enforcement Supervisor, explained the basis of the case and stated that a violation still existed. The owner, Robert Aspinall, was there to present his case. The Board discussed the violation and requested that Mr. Aspinall speak to the tenants to bring the property into compliance. After further discussion from the Board, Mr. Perl made a motion to continue the case until the next meeting. Mr. Quiroga seconded the motion. Motion passed 6-0. Case: 2002-02581, 2582 Owner: Stanley Fromm Address: 1170 NE 97 St. Hillary Graver, Code Enforcement Officer, explained the basis of the case and stated that a violation still existed. The buyer of the property, Mr. Stanley Fromm, and his broker, Dean Madiggan, were there to present the case. He stated that he never received notification of the violation. Someone by the name of Tywana Cox was signing all the certified mail, which let the Village to believe that someone was receiving the notices. Mr. Fromm stated that he would not have any problem in bringing the property into compliance. Mr. Fromm inquired about gravel driveways. The Board explained that gravel driveways were never allowed in Miami Shores, After further discussion from the Board, Mr. Perl made a motion to move the original compliance date of case 2002-02581 to August 9, 2002, and therefore no fines would be imposed. If compliance is not completed by August 9, 2002, a fine would be imposed 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 Y • Code Enforcement August 1, 2002 Page 5 • were hereby assessed for tonight's proceeding to recoup the Village' s expenses in prosecuting the violation for this hearing. Mr. Perl also made a motion to continue case 2002-02582 for (30)thirty days or the fines would also be imposed against the violator in the amount $25/day retroactive to the original compliance date. Mr. Sarafan stated that the buyer and the seller are clearly notified by their broker, Dean Madiggan, who is present in tonight's hearing, that a lien could be placed on the property if the property is not brought into compliance within the time specified tonight by the Board. Mr. Vickers seconded the motions. Motions passed 6-0. Summary Adjudication Case No. 2002-02250, 2260, 2526, 2597, 2736. 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 6-0. Richard Tremble, 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.: 2000-01724, 1725, 1726, 1727 Owner: Yolanda Ruffin Address: 9700 Biscayne Blvd. The owner Yolanda Ruffin and her daughter, Martha Ruffin, were there to present the case. Ms. Ruffin stated that the property was in compliance before the lien was placed on the property. She also stated that she was not properly explained of the procedures that the Village has in regards to placing liens on the property. Evidence in the file showed that the violation was not corrected within the time frame stated in the notices and that proper notification of the violations and the lien was sent.. Ms. Ruffin offered to pay $1,560.00 to settle the case. After further discussion from the Board, Mr. Perl made a motion for $1,800.00 payable within 30 days to settle the case or the lien would go back to the original amount.. Mr. Busta seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Patnick voted no). Case No.: 8431 Owner: Mary Ann Stump Address: 1255 NE 93 St. Jerry Lance, the owner's neighbor, was there to represent the owner with a power of attorney. Code Enforcement August 1, 2002 Page 6 Mr. Lance explained that the owner was placed in a nursing home and needed the release of lien in order to sell the property and use the money made for her medical expenses. After further discussion from the Board in regards to the owner's property, Mr. Lance amended his original offer of $0 to $1,500.00 payable withing (10) days. Mr. Quiroga made a motion to approve the offer. Mr. Patnick seconded the motion. Motion passed 5-1. (Mr. Asmus voted no). Case No.: 2000-05090 Owner: Betty Wright Address: 9204 NE 10 Ave. The owner, Betty Wright, was there to present the case. Ms. Wright stated that the violation was properly corrected on time. She stated that she did not receive proper notification because the notices were being sent to the wrong address. Evidence from the file showed that a violation did exist and that it was not corrected within the time frame specified by the notices. Evidence from the file also showed that Ms. Wright was properly notified to the address we had on our systems. Ms. Wright offered $1,000.00 to settle the case. After discussion from the Board, Mr. Buenconsejo moved to prove the offer of $1,000.00 payable within 7 days. Mr. Quiroga seconded the motion. Motion 3-3. (Mr. Asmus, Mr. Perl, and Mr. Busta voted no). Motion died. Mr. Perl made a second motion for $2,500.00 payable within 7 calendar days to settle the case. Mr. Quiroga seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Patnick voted no). • Case No.: 2000-00809 Owner: Fred and Bertha Bender Address: 199 NW 93 St. The owners, Fred and Bertha Bender, were there to present the case. Mr. Bender agreed that a violation existed and that it took a long time to correct. Mr. Bender amended his original offer of $660.00 to $990.00 payable within 30 calendar days to settle the case. Mr. Buenconsejo made a motion to accept the offer. Mr. Quiroga seconded the motion. Motion passed 5-1. (Mr. Asmus voted no). Case No.: 9287, 9287 Owner: Pedro Tronge and Barbara Roqueta Address: 18 NW 106 St. The owners, Pedro Tronge and Barabara Roqueta, were there to present the case. Both owners agreed that a violation existed and that it took them a long time to bring the property into compliance due to financial reasons. The owners made an offer of $1,000.00 payable within 30 days in order to settle the case. After further discussion, Mr. Buenconsejo made a motion to accept the offer. Mr. Quiroga seconded the motion. Motion passed 5-1. (Mr. Asmus voted no). Discussion: The Board discussed the request for relief cases and how the residents should not be told that 10% would be a sufficient offer when properties with liens are brought before the Board and how cases could not be re -tried. They also discussed about new owners of the Village and how they should be notified of our codes. • Code Enforcement August. 1, 2002 Page 7 5.E) ADJOURNMENT: Mr. Buenconsejo moved that the meeting be adjourned. Mr. Perl seconded the motion. Motion passed 6-0. The August 1, 2002 meeting of the Code Enforcement Board was adjourned at 9:00 p.m. Irene M. Fajardo, Recording Secretary • • Mr. Barry Asmus, Chairman