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09-05-2002 Regular Meeting• MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village September 5, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 5, 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 Patnick Manny Quiroga Rod Buenconsejo John Busta Robert Vickers ALSO PRESENT: Richard Trumble, Code Enforcement Supervisor Anthony Flores, Code Enforcement Officer Hillary Graver, Code Enforcement Officer Richard Sarafan, Village Attorney Irene M. Fajardo, Administrative Assistant. ABSENT: Al Berg, Code Enforcement and Planning and Zoning Director 1.A) AUGUST 1, 2002 MINUTES: Mr. Peri moved to approve the August 1, 2002 minutes. Mr. Quiroga seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case No: 2002-02870 Owner: Roger Bradley Address: 899 NE 92 St. Section: 521(b)(1)d; Lack of off-street parking. The officer, Hillary Graver, testified that a violation still existed on the property. The owner Roger Bradley, was there to present his case. Mr. Bradley felt that he had enough parking on the property. He explained the present conditions of the property. The Board inquired about the number of cars that are on the property and where they're being parked. Mr. Sarafan, the Village attorney, explained the code section in regards to parking on the property. Mr. Bradley stated that he was thinking of • • • Code Enforcement September 5, 2002 Page 2 installing a brick driveway but that he would need additional time since he is also trying to cure other violations. After further discussion from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 521(b)(1)d of the Miami Shores Village Code. The violator shall correct the violation in sixty(60) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in 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 date of original compliance 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 No: 2002-02872 Owner: Roger Bradley Address: 899 NE 92 St. Section: 12-128; Weather/Water tight structures The officer, Hillary Graver, testified that a violation still existed on the property. The owner Roger Bradley, was there to present his case. Mr. Bradley stated that there is a tarp on the roof but that it is only temporary, since he is presently getting estimates to fix the roof. The Board asked Mr. Bradley how much time he would need to repair the roof. Mr. Bradley stated the that he was planning to re -roof but that due to the circumstances, he would do a temporary repair where the leak is located in order to bring the property into compliance. Following the submission of evidence relevant to the case, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-128 of the Miami Shores Village Code. The violator shall correct the violation in sixty(60) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in 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 date of original compliance 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. Perl seconded the motion. Motion passed 7-0. Case No: 2002-02874 Owner: Roger Bradley Address: 899 NE 92 St. Section: 20-16(a)(b); Obstruction of right of way. The officer, Hillary Graver, testified that a violation still existed on the property. The owner Roger Bradley, was there to present his case. Mr. Bradley does not understand the violation. Mr. Sarafan, the Village attorney, stated that the violation was not cited under the right section of the code. He suggested a motion to dismiss. After a brief discussion, Mr. Busta made a motion to dismiss the case. Mr. Buenconsejo seconded the motion. Motion passed 7-0. Code Enforcement September 5, 2002 Page 3 Case No: 2002-02793 Owner: Greta Ronningen Address: 1263 NE 92 St. Section: Bldg. 6-4; Unauthorized construction/alteration. The officer, Hillary Graver, testified that a violation still existed on the property. The owner, Greta Ronningen, was there to present her case. She explained that she is waiting to have the permit approved in order to re -paint both the house and the roof. 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 in thirty(30) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in 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 date of original compliance 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. Summary Adjudication: 411 Cases: 2002-02592, 2657, 2708, 2856, 2858, 2891, 2911, Chairman Asmus read each case and address into the record and asked if anyone was present. No one was present. Richard Trumble 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 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. • • • • Code Enforcement 3.C) PENALTY HEARINGS September 5, 2002 Page 4 Case No: 2002-02521 Owner: Roger Bradley Address: 899 NE 92 St. Section: 12-133; Unsightly fascia/soffit/house exterior. The officer, Hillary Graver, testified that a violation still existed on the property. The owner Roger Bradley, was there to present his case. Mr. Bradley explained that he believed that pulling a permit would bring him into compliance but that realized that he also needed to finish the work. He asked if the Board could give him additional time to finish the work. Following the submission of evidence relevant to the case, Mr. Perl moved to continue the case until the next meeting on October 3, 2002. Mr. Quiroga seconded the motion. Motion passed 6-1. Mr. Asmus voted no. Case No: 2002-02640 Owner: Robert M. Aspin all Address: 185 NE 107 St. Section: 520(i); Deteriorated driveways/approaches The supervisor, Richard Trumble, testified that a violation still existed on the property. The owner, Robert Aspin all, was there to present his case. He stated that he pulled a permit and that it was approved, but that he had not started the work. Mr. Aspin all asked if he could have more time to finish the work. Following the submission of evidence relevant to the case, Mr. Quiroga moved to continue the case until the next meeting on October 3, 2002. Mr. Busta seconded the motion. Motion passed 7-0. Case No: 2002-02801 Owner: Sharon and Leon Rolle Address: 590 NE 96 St. Section: Bldg. 6-4; Unauthorized construction/alteration The officer, Hillary Graver, testified that a violation still existed on the property. She explained that the paint permit was approved but that the house has not been painted. The owner, Sharon Rolle, was there to present his case. Mrs. Rolle asked for additional time to paint the house. The Board inquired about past continuances and discussed the length of time the property remained in violation. After further discussion from the Board, Mr. Busta made a motion to continue the case until the next meeting on October 3, 2002. Mr. Buenconsejo seconded the motion. Mr. Perl opened the motion for discussion. He suggested for Mr. Busta to change the compliance time to fourteen(14) days instead of the next meeting. After further discussion a roll vote was taken to approve the motion for continuance until the next meeting. Motion passed 4-3. Mr. Quiroga, Mr. Vickers, and Mr. Asmus voted no. At this time Mr. Asmus observed that there has been no appearance by anyone on behalf of the alleged violators in connection with the following case numbers: • Code Enforcement September 5, 2002 Page 5 Cases: 2002- 02149, 2610, 2626, 2662, 2663, 2790, 2836. Mr. Quiroga moved 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 shall correct the violation within the time period specified by the staff in the Staff recommendations for these hearings, and shall 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 period, 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 case, 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. 3.C) REQUEST FOR RELIEF Case No's.: 2000-00359, 2054, 2055 Owner: Marcela Gressi • Address: 2 NE 108 St. • Marcela Gressi was there to offer testimony on her case. She stated that she was selling the property and that she needed release from the liens. She explained that she had just gotten a divorce and that was the reason why the property took so long to come into compliance. She also explained that she was going through financial hardships, due to the divorce, and was hoping that the Board would sympathized with her situation. She offered to pay $2,300.00 of the total lien amount of $23, 245.00 and then amended the offer to 15% of the same total amount. The Board discussed the time frame it took for the property to come into compliance. They also discussed the several continuances made by the officer and the efforts the staff made to work with the resident in regards to the violations. Mr. Patnick moved to deny the release of the lien. Mr. Buenconsejo seconded the motion. Motion passed 7-0. Case No.: 2000-00873, 874, 875 Owner: Guillermo Agudello 876 Address: 467 NE 100 St.. Guillermo Agudelo was there to offer testimony on his case. Attorney, Robert Pollinger, was there to represent Mr. Agudelo. He stated that Mr. Agudelo' tenants at the time, did not inform him of the violation. Mr. Agudelo came into compliance as soon as he found that the violations existed. Mr. Pollinger explained that Mr. Agudelo sold the property with the existing liens and he was now requesting relief with the money he had left over after the closing expenses.. The Board inquired about how Mr. Agudelo originally bought the property with the existing liens. Mr. Agudelo • • Code Enforcement September 5, 2002 Page 6 explained that he did not obtain title insurance. The Board inquired about any side letters pertaining to the selling of the property with the existing liens. Mr. Pollinger said that he didn't know about any side letters. The Board inquired about the reasons why Mr. Agudelo is concerned with paying the existing liens if he is no longer the owner of the property. They also inquired about an existing second mortgage. Mr. Agudelo offered to pay $12, 601.81 of the total lien amount of $48,660.00. Mr. Buenconsejo moved to release the lien upon payment of $12,601.81 within seven(7) days or the lien reverts back to the original amount. Mr. Patnick seconded the motion. Motion failed 3-4. Mr. Busta, Mr Perl, Mr. Vickers, and Mr. Asmus voted no. Case No.: 2000-01759 Owner: Rena Hambelton Address: 557 NE 87 St. Attorney, Richard Wyner, was there to represent the owner and offer testimony on the case. Mr. Wyner amended the owner's offer of $1,000.00 to $7,000.00 in an effort to release the total lien amount of $17,415.00. The Board inquired about whether the property was homestead property or commercial property. The property was commercial property. Mr. Buenconsejo moved to release the lien upon payment of $7,000.00 within seven(7) calendar days or the lien reverts back to the original amount. Mr. Peri seconded the motion. Motion passed 5-2. Mr. Vickers and Mr. Asmus voted no. Case No.: 2002-02424 Owner: Luc and Elizabeth Nisset-Raidon Address: 151 NW 92 St. Luc and Elizabeth Nisset-Raidon were there to offer testimony on their case. Mr. Nisset-Raidon explained that the property was not brought into compliance in a timely manner because of financial reasons. Mr. Nisset-Raidon amended his offer of $200.00 to $600.00 in an effort to release the total lien amount of $2,965.00. After further discussion from the Board, Mr. Buenconsejo made a motion to accept the amended offer of $600.00 payable within 30 days or the lien reverts back to the original amount. Mr. Patnick seconded the motion. Motion passed 6-1. Mr. Asmus voted no. 4.D) ADJOURNMENT: Mr. Quiroga moved that the meeting be adjourned. Mr. Vickers seconded the motion. Motion passed 7-0. The September 5, 2002, meeting of the Code Enforcement Board was adjourned at 7:45 p.m. Irene M. Fajardo, Recording Secretary Mr. Barry Asmus, Chairman