05-01-2003 Regular MeetingCode Enforcement 1 May 1, 2003
MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
May 1, 2003
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday May 1, 2003, 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
Robert Vickers
Manny Quiroga
ALSO PRESENT: Al Berg, Code Enforcement and Planning and Zoning Director
Anthony Flores, Code Enforcement Officer
Richard Sarafan, Village Attorney
Irene M. Fajardo, Administrative Assistant.
ABSENT: Rod Buenconsejo
Hillary Graver, Code Enforcement Officer (Maternity Leave)
1. A) APRIL 3, 2003 MINUTES:
Mr. Quiroga made a motion to approve the April 3, 2003, minutes with the amended
corrections. Mr. Perl seconded the motion. The vote was unanimous in favor.
2.B) FIRST HEARING
Case #: 2003-03699
Owner: Rey Gomez
Address: 1173 NE 104 St
Violation: Sec. Bldg. 6-4. Unauthorized construction and alteration
The officer, Anthony Flores, testified that a violation still existed on the property. Pictures
were submitted to the Board as evidence of the violation. The attorney, Bruce Wiles, and the
property owner, Rey Gomez, were there to present the case. Mr. Wiles requested a
continuance since Mr. Gomez stated that he missed the Planning and Zoning meeting
because he was never informed to attend. Mr. Berg confirmed that Mr. Gomez was informed
of the meeting. Mr. Berg explained to Mr. Gomez that he would be placed on the agenda for
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Code Enforcement 2 May 1, 2003
the next Planning and Zoning agenda to try to obtain color approval. Mr. Berg requested a
finding of fact that would give Mr. Gomez time to attend the Planning and Zoning meeting
and have time to repaint the house if the color does not get approved.
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 6-4 of the Miami Shores
Village Code. The violator shall correct the violation by June 5, 2003 and shall immediately
notify the Code Enforcement Officer when the property is brought into compliance. If
compliance is not completed by June 5, 2003, 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 6-0.
Summary Adjudication:
Case #'s: 2002-03260, 2003-03515, 2003-03705, 2003-03722
Chairman Asmus read each case and address into the record and asked if anyone was present.
No one was present.
Al Berg testified that Affidavits of Non -Compliance and evidence of violation existed in
each of the files.
Mr. Busta 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 of
the cases, costs in the amounts specified in staffs 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 6-0.
3.C) PENALTY HEARINGS
Case #: 2002-02953, 2954
Owner: Carlos Diaz
Address: 9740 N. Miami Ave.
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Code Enforcement 3 May 1, 2003
The owner Carlos Diaz was there to present the case. He explained that the boards on the
window were temporary until the permit gets approved for the new windows. Mr. Diaz had
windows specially ordered with the intent of matching the original windows on the house.
The order already arrived and he is waiting for the permit approval. Mr. Diaz requested a
continuance until June 5, 2003.
After further discussion, Mr. Quiroga made a motion to continue the case until the following
meeting on June 5, 2003. Mr. Vickers seconded the motion. Motion passed 6-0.
Case #: 2003-03610, 3611
Owner: Joseph Mondragon and Luisa Var
Address: 9118 N. Miami Ave.
The owner Joseph Mondragon was there to present the case. Mr. Mondragon explained why
it had taken so long to bring the property into compliance. He stated that he wanted to bring
the property to its original configuration by removing all the work that was done without a
permit. Mr. Mondragon requested a continuance until June 5, 2003.
After further discussion from the Board, Mr. Perl made a motion to continue the case until
June 5, 2003. Mr. Quiroga seconded the motion. Motion passed 6-0.
Summary Adjudication: Case #'s: 2002-03398, 2002-03488, 2003-03553, 2003-03585,
2003-03605,2003-03643
Mr. Vickers 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. Quiroga seconded the motion. Motion passed 6-0.
4.D) REQUEST FOR RELIEF
Case #: 3457
Owner: Marcello Maselli
Address: 150 NE 107 St.
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The property owner Marcello Maselli was there to present the case. Mr. Maselli explained
why it took a long time to bring the property into compliance. Evidence in the file showed
that Mr. Maselli paid the entire lien amount of $1,725.00. He was there to request a refund
of $1,425.00. After further discussion, Mr. Perl made a motion to approve the refund of
$1,425.00 with the approval of the Village Manager. Mr. Quiroga seconded the motion.
Motion passed 4-2. (Mr. Vickers and Mr. Asmus voting no).
Case #: 1991
Owner: Javan Thompson
Address: 30 NE 97 St
The property owner Javan Thompson was there to present the case. Mr. Thompson stated
that he never received notice of the violation and explained why it took him a long time to
bring the property into compliance. Evidence in the file showed that a green card was signed
and that affidavits of posting were placed on the door. The actual lien amount is $12,115.00.
Mr. Thompson offered to pay $1,000.00 to release the lien. After further discussion, Mr.
Patnick made a motion to deny the offer of $1,000.00. Mr. Perl seconded the motion.
Motion passed 6-0.
Case #'s: 1207, 1440, 1575, 1577, 2211
Owner: US Investment Solutions Inc.
Address: 1235 NE 93 St.
Attorney Stuart Lipson was there representing US Investments and presenting the case. Mr.
Lipson explained that the property was bought in foreclosure but that they are still requesting
release from the lien because they are selling the property. The current owner of the property
explained that he came into compliance as soon as he became aware of the lien.
After further discussion, Mr. Perl made a motion to accept $5,000.00 payable in 30 days or
the lien reverts back to the original amount of $75,550.00. Mr. Patnick seconded the motion.
Motion failed 3-3. (Mr. Quiroga, Mr. Vickers, and Mr. Asmus voting no).
5.E) NEW BUSINESS
Mr. Quiroga stated that he wanted the names of any council members that attend the Code
Enforcement meeting to be included in the minutes.
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Code Enforcement 5 May 1, 2003
6.F) ADJOURNMENT
Mr. Quiroga made a motion for adjournment. Mr. Perl seconded the motion. Motion passed
6-0. The May 1, 2003, meeting of the Code Enforcement Board was adjourned at 7:15 P.M.
Irene M. Fajardo, Recording Secretary
Mr. Barry Asmus, Chairman