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10-03-2002 Regular Meeting• • • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village October 3, 2002 The regularly meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 3, 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: Al Berg, Code Enforcement and Planning and Zoning Director Richard Trumble, Code Enforcement Supervisor Anthony Flores, Code Enforcement Officer Hillary Graver, Code Enforcement Officer Richard Sarafan, Village Attorney Irene M. Fajardo, Administrative Assistant. l.A) SEPTEMBER 5, 2002 MINUTES: Mr. Quiroga moved to approve the September 5, 2002 minutes. Mr. Busta seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case No: 2002-02898 Owner: Margliet Tsvi. & Alex Espinosa Address: 10659 NE 10 Pl. Section: 12-82; Nondwelling structures and fences. The supervisor, Richard Trumble, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. Oriel T. was there to present the case. He submitted a power of attorney to the Board as evidence that he could speak on behalf of the owner. Mr. Oriel stated that he would have the fence repaired within a month and that he had already obtained a permit. The Board inquired about the landscape on the side of the property. Mr. Oriel • Code Enforcement October 3, 2002 Page 2 • explained that the landscape would be cut and maintained. After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-82 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: Cases: 2002-2915, 2916, 2922, 2926, 2935, 2957. 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. 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 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 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. Perl seconded the motion. Motion passed 7-0. 3.C) PENALTY HEARINGS Case No: 2002-02647 Owner: Christian and Jessica Best Address: 186 NE 108 St. Section: 12-133; Unsightly fascia/soffit/house exterior. • The supervisor, Richard Trumble, testified that a violation still existed on the property. A letter • Code Enforcement October 3, 2002 Page 3 • from the owner was read into the record requesting a continuance for compliance. Mr. Trumble stated that the owner has maintained contact with him. Following the submission of evidence relevant to the case, Mr. Patnick moved to table the case until the next meeting on November 7, 2002. Mr. Busta seconded the motion. Motion passed 7-0. Summary Adjudication: Cases: 2002- 2480, 2521. 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 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 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: 2000-01755 Owner: Benissant Augustin/Cenote Senobe Address: 10 NW 110 St. Nedora Harsh, a broker associate, was there to offer testimony on behalf of the owners. The owners, Mr. And Mrs. Augustin, were also there to present their case. Ms. Hash explained why the owners had taken so long to come into compliance. The Board inquired about the foreclosure on the house. Ms. Hash explained that the remaining money after the foreclosure was placed in escrow. The owners offered to pay $300.00 of the total lien amount of $9,990.00. Mr. Perl moved to deny the release of the lien. Mr. Quiroga seconded the motion. Motion passed 7-0. Case No.: 2000-01566 Owner: Abbie Salt Address: 10650 NE 10 Ct. The owner, Abbie Salt, was there to offer testimony on her case. Ms. Salt explained the reasons why it took her so long to bring the property into compliance and stated that she was not aware of the procedures in regards to placing liens. Evidence in the file showed that notices were sent to Ms. Salt • to inform her of the violation. Ms. Salt offered to pay $500.00 of the total lien amount of $10,165.00. After further discussion, the owner amended the offer to $1,000.00. Mr. Perl moved • Code Enforcement October 3, 2002 Page 4 • • to deny the release of the lien. Mr. Buenconsejo seconded the motion. Motion passed 7-0. Case No.: 2000-01407 Owner: Valerie Gavin Address: 5 NW 107 St. The owner, Valerie Gavin, was there to offer testimony on the case. Ms. Gavin explained that she was not aware that a violation existed when she purchased the property. After she became aware of the violation, she brought the property into compliance. Ms. Gavin agreed that it took a long time to bring the property into compliance. Ms. Gavin offered to pay $525.00 of the total lien amount of $10,440.00. After further discussion, the owner amended the offer to $700.00. The Board discussed the time it took for the property to be brought into compliance. Mr. Perl moved to deny the release of the lien. Mr. Buenconsejo seconded the motion. Motion passed 6-1. Mr. Vickers voted no. Case No.: 2000-00359, 2054, 2055 Owner: Marcela Gressi Address: 66 NW 107 St. The owner, Marcela Gressi, and her attorney, Daniel Jonas, were there to offer testimony on the case. Mr. Jonas explained that the property owner was going through a divorce during the time frame in which the property was suppose to be brought into compliance. He explained that there was little communication between the owners. The Board inquired about the closing of the property. Mr. Jonas submitted the closing statement to the Board. Ms. Gressi had previously made an offer of $2,300.00 from the total lien amount of $23,245.00, which was denied. Ms. Gressi made a new offer of $4,600.00 which was amended to $6,973.50. After further discussion from the Board, Mr. Buenconsejo made a motion to accept the amended offer of $6,9735.00 payable within 10 days subject to the closing of the sale on October 4, 2002, or the lien reverts back to the original amount. Mr. Busta seconded the motion. Motion passed 4-3. Mr. Asmus, Mr. Quiroga, and Mr. Perl voted no. Case No.: 9064 Owner: Eulalia Santana Address: 269 NW 111 Terr. The owner, Eulalia Santana, and her daughter, Soraya Trujillo, were there to offer testimony on the case. Ms. Trujillo spoke on behalf of the owner. She explained the circumstances of the family at the time the property was suppose to be brought into compliance. She stated that she was not aware that a violation still existed on the property and thought that she had brought it into compliance in a timely manner. The Board discussed the time frame in which the property was to be brought into compliance. Evidence from the file showed that the owner was notified of the pending violation. The owner stated that she was not aware that she had to inform the officer when the violation was cured. The owner amended her offer of $0.00 to $500.00 in order to satisfy the total lien amount of $21,295.00. After further discussion from the Board, Mr. Buenconsejo made a motion to approve the amended offer of $500.00 payable within thirty(30) days or the lien reverts back to the original amount. Mr. Perl seconded the motion. Motion passed 4-3. Mr. Asmus, Mr. Busta, and Mr. Quiroga voted no. • Code Enforcement October 3, 2002 Page 5 Case No.: 2000-01514 Owner: Peter and Christina Abrams Address: 343 NE 99 St. The owner, Peter and Christina Abrams, and their attorney, Frank Wolen, were there to offer testimony on the case. Mr. Wolen explained the circumstances of the case and why it took so long to bring the property into compliance. The owners amended their original offer of $250.00 to $2,500.00 from the total lien amount of $9,240.00. After further discussion from the Board, Mr. Buenconsejo made a motion to approve the amended offer of $2,500.00 payable within thirty(30) days. Mr. Quiroga seconded the motion. Motion passed 6-1. Mr. Asmus voted no. 4.D) ELECTIONS FOR CHAIRMAN AND VICE CHAIRMAN. Mr Pert and Mr. Asmus were both nominated for the Chairman position. A roll vote was taken. The voted passed 4-3 in favor of Mr. Asmus. Mr. Perl was nominated for the position of Vice Chairman. A roll vote was taken. The voted passed 7-0 in favor of Mr. Perl. 5.E) ADJOURNMENT: • Mr. Quiroga made a motion for adjournment. Mr. Perl seconded the motion. Motion passed 7-0. The October 3, 2002, meeting of the Code Enforcement Board was adjourned at 8:00 p.m. Irene M. Fajardo, Recording Secretary • Mr. Barry Asmus, Chairman