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04-03-2003 Regular MeetingCode Enforcement 1 April 3, 2003 MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village . April 3, 2003 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 3, 2003, 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 John Busta Rod Buenconsejo Robert Vickers Manny Quiroga ALSO PRESENT: Al Berg, Code Enforcement and Planning and Zoning Director Richard Trumble, Code Enforcement Supervisor Anthony Flores, Code Enforcement Officer Richard Sarafan, Village Attorney Irene M. Fajardo, Administrative Assistant. ABSENT: Hillary Graver, Code Enforcement Officer (Maternity Leave) 1. A) MARCH 6, 2003 MINUTES: Mr. Buenconsejo made a motion to approve the March 6, 2003, minutes with the amended corrections. Mr. Quiroga seconded the motion. The vote was unanimous in favor. Mr. Quiroga made a motion to move the Summary Adjudication to the end of the meeting in order to give more time to the residents to show. Mr. Busta seconded the motion. Motion passed 5-2. Mr. Vickers and Mr. Asmus voted no. 3. C) PENALTY HEARINGS Case No: 2002-03404 Owners: Ann Waters/Anne McCoy Address: 126 NW 98 St. Section: 537; Landscaping design and maintenance r • • Code Enforcement 2 April 3, 2003 The Supervisor, Richard Trumble, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Ann McCoy, was there to offer testimony on the case. Ms. McCoy disputed the violation. First, Ms. McCoy stated that the grass on her property was not deteriorated. Second, she proceeded to explain the status of her yard and the required maintenance needs. She explained that she had recently planted seeds on the yard and that they would require several months to grow. She guaranteed that the property would not look the same way it does now but that she needed additional time. The Board reviewed the pictures submitted by staff and by the property owner. They inquired about the type of plants that she planted and the estimated amount of time they would require to grow. After further discussion, Mr. Vickers made a motion to amend the original Enforcement Order and change the ordered compliance date to December 31, 2003, and change the fine from $25 a day to $50 a day retroactive to the original compliance date given in the Notice of Violation. Mr. Quiroga seconded the motion. Motion passed 5-2. Mr. Peri and Mr. Asmus voted no. Case No: 2002-03488 Owners: Henry Vidal Address: 349 NE 99 St. Section: 521(b) 1(a); Unlawful loose material The officer, Anthony Flores, explained the nature of the violation and testified that it still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Henry Vidal, and his attorney, Adam Abrams, were there to offer testimony on the case. The owner and the attorney wanted to dispute the violation. Mr. Abrams explained that the owner was selling the property and wanted to bring the property into compliance. He explained that the property was bought with the existing condition and that the gravel on the property was a pre-existing use before the code changed. Mr. Abrams also stated that the gravel was never replaced by the owner after he purchased the property. The property owner, Henry Vidal, submitted pictures to the Board as evidence that the gravel driveway existed on the property for many years. Evidence in the file was submitted to the Board by staff showing concrete ribbons in the blue prints of the property. A permit was never pulled for the concrete ribbons. Mr. Vidal confirmed that he was selling the property and that there was $5,000.00 in an escrow account for the new owner to fix the driveway. After further discussion Mr. Perl made a motion to continue the case until May 1, 2003, to bring the property into compliance. Mr. Quiroga seconded the motion. Motion passed 6-1. Mr. Buenconsejo voted no. Summary Adjudication: Cases: 2002-03397, 3486, 3533, 3559, 3567, 3577. Mr. Busta 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 1 • Code Enforcement 3 April 3, 2003 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. Quiroga seconded the motion. Motion passed 7-0. Richard Trumble testified that affidavits of non-compliance existed in the files. 4.D) REQUEST FOR RELIEF Case: 2001-02002 Owner: Mark Joyella Address: 185 NE 105 St. The attorney, Iliana Forte, was there to represent the owner and present the case. Ms. Forte explained the reasons why the owner took a long time to come into compliance. The Board asked questions in regards to the violations. After further discussion, Mr. Buenconsejo made a motion to accept the offer of $2,500.00 payable in ten days or the lien reverts back to the original amount of $22,380.00. Mr. Patnick seconded the motion. Motion failed 2-4. Mr. Perl made a new motion to accept $5,000.00 payable within 10 days or the lien reverts back to the original amount. Mr. Vickers seconded the motion. Motion passed 4-3. Case: 2002-02685 Owner: Alex Pefia Address: 289 NW 111 Terr. The owner, Alex Pena, was there to present the case. The officer, Anthony Flores, testified that the violation had recurred and that it was not in compliance. Therefore, the owner cannot obtain a release of lien. Mr. Quiroga made a motion to deny the Request for Relief application. Mr. Perl seconded the motion. Motion passed to fail 7-0. Case: 2002-03156, 3158 Owner: Gonzalo Guzman Address: 100 NE 104 St. The owner, Gonzalo Guzman, was there to present the case. The owner is looking to refinance the property in order to do some remodeling. He explained the reasons why it took him a long time to come into compliance. After further discussion, Mr. Vickers made a motion to accept the offer of $750.00 payable in ten days or the lien reverts back to the original amount of $5,350.00. Mr. Quiroga seconded the motion. Motion passed 5-1. Case: 2000-00809 Owner: Luis Aparicio 2002-02915 Address: 199 NW 93 St. • Code Enforcement 4 April 3, 2003 The owner, Luis Aparicio, was there to present the case. Mr. Aparicio stated that he had bought the property with the violation and corrected as soon as he became aware of it. After further discussion, Mr. Quiroga made a motion to accept the offer of $1,800.00 payable within ten days or the lien reverts back to the original amount of $9,405.00. Mr. Buenconsejo seconded the motion. Motion passed 4-3. Case: 2000-00094 Owner: Alex Faustin 2000-00957 Address: 201 NW 103 St. The owner, Alex Faustin, was there to present the case. Mr. Faustin explained the reasons why it took him a long time to come into compliance. After further discussion from the Board, Buenconsejo made a motion to table the case until May 1, 2003 for further review of the correct lien amount. Mr. Vickers seconded the motion. Motion passed 5-2. Case: 2000-01386 Owner: Enrique Luaces Address: 334 NE 100 St. The attorney, Ana Bolduk, was there to represent the owner and present the case. Ms. Bolduc explained that the notices were sent to the old owner. The new owner brought the property into compliance as soon as he became aware of them. After further discussion, Mr. Vickers made a motion to accept the offer of $800.00 payable within twenty days or the lien reverts back to the original amount of $2,630.00. Mr. Perl seconded the motion. Motion passed 5-1. Case: 2000-01882 Owner: Verona Haughton Address: 100 NE 92 St. Laurence Grow was there to represent the owner and present the case. Mr. Grow explained that he did not believe that a violation ever existed. Pictures from the file were submitted to the Board as evidence of the violation. After further discussion, Mr. Perl made a motion to deny the offer of $100.00. Mr. Quiroga seconded the motion. Motion passed 7-0. Case: 7583 Owner: Gary Green Address: 245 NE 93 St. The owner, Mr. Green, was there to present the case. Mr. Green explained that he was refinancing the property. After further discussion, Mr. Vickers made a motion to accept the offer of $1,000.00 payable within ten days or the lien reverts back to the original amount of $11,680.00. Mr. Buenconsejo seconded the motion. Motion passed 6-1. Case: 7268 Owner: Vivian Tookes Address: 137 NW 106 St. • Code Enforcement 5 April 3, 2003 The owner, Vivian Tookes, was there to present the case. Ms. Tookes explained why it took a long time to bring the property into compliance. She also explained that she paid the lien amount in full and that she was hoping to have some money returned. After further discussion from the Board, Mr. Peri made a motion to accept $600.00 from the total lien amount of $3,200.00 paid by Ms. Tookes and have the rest of the money returned to the owner with the approval of the village manager. Mr. Buenconsejo seconded the motion. Motion passed 6-1. ADJOURNMENT: The April 3, 2003 Code Enforcement meeting was adjourned at 8:30 P.M.