06-05-2003 Regular MeetingCode Enforcement
1 June 5, 2003
MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
June 5, 2003
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday June 5, 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
Hillary Graver, Code Enforcement Officer
Richard Sarafan, Village Attorney
Irene M. Fajardo, Administrative Assistant.
1.A) MAY 1, 2003 MINUTES:
Summary Adjudication:
Case #'s: 2002-03456, 2003-03590, 2003-03591, 2003-03675, 2003-03684, 2003-03685,
2003-03706,2003-03724, 2003-03765.
Chairman Asmus read each case and address into the record and asked if anyone was present.
No one was present.
The officer, Anthony Flores, 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
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2 June 5, 2003
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 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.
2.B) PENALTY HEARINGS
Summary Adjudication: Case #'s: 2003-03515, 2003-03610, 2003-03611
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
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 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 7-0.
Anthony Flores testified that affidavits of non-compliance existed in the files.
3.C) REQUEST FOR RELIEF
Case#'s: 407, 408
Owner: Maria Del C Tolentino
Address: 185 NW 102 St.
The property owner, Maria Del C Tolentino, was there to present her case. Ms. Tolentino
explained that she was requesting a refund of $5,080.00 since she had already paid the full
lien amount of $5,580.00. The Board inquired about the length of time it took to bring the
property into compliance. Ms. Tolentino explained that she did not speak or read English at
the time and so she ignored the notices. After several notices, she finally had her son
translate them and she immediately brought the property into compliance. After a brief
discussion, Mr. Patnick made a motion to deny the refund request of $5,080.00. Mr. Perl
seconded the motion. Motion passed 7-0.
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3 June 5, 2003
Case#'s: 1336, 1338, 1339, 1340, 1341, 1777, 1779.
Owner: Rosemarie Brutus
Address: 10401 NW 2 Ave.
The property owner, Rosemarie Brutus, was there to present the case. Ms. Brutus explained
that she came into compliance immediately after receiving the notices and thought that the
cases had been closed by officer, Ernst Louis. She also explained that the notices were not
addressed to her name but instead, to a woman named Carol Washington Blackwood. After
a few questions from the Board, Ms. Brutus stated that Ms. Blackwood was her sister who
lived in the property with her during the time the notices were sent. Ms. Brutus offered to
pay $5,000.00 from the original lien amount of $72, 825.00. After further discussion from
the Board, Mr. Patnick made a motion to approve the $5,00.00 payable in thirty days or the
lien reverts back to the original amount of $72, 825.00. Mr. Busta seconded the motion.
Motion failed 2-5. (Mr. Perl, Mr. Quiroga, Mr. Vickers, Mr. Buenconsejo, and Mr. Asmus
voted no).
Case#'s: 1207, 1440, 1575, 1577, 2211
Owner: US Investment Solutions Inc.
Address: 1235 NE 93 St.
Nicolas Camino was there representing US Investments. Mr. Camino 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. The Code Enforcement
Director, Mr. Berg, recommended the offer of $1,000.00 since the applicant had rectified all
the violations and beautified the property after being abandoned by the previous owners. The
property had come for Request for Relief at the May 1, 2003 meeting. The owner was asked
to pay $5,000.00 in thirty days in order to release the lien.
After further discussion, Mr. Perl made the same motion to accept $5,000.00 payable in 30
days or the lien reverts back to the original amount of $75,550.00. Mr. Vickers seconded the
motion. Motion passed 5-2. (Mr. Quiroga and Mr. Asmus voted no).
Case#: 02626
Owner: Suzanne Sponder
Address: 160 NE 102 St.
The property owner, Suzanne Sponder, was there to present the case. Ms. Sponder
apologized for taking a long time to bring the property into compliance. She explained that
she was going through a divorce at the time and things "Got lost in the shuffle."
After further discussion from the Board, Mr. Vickers made a motion to accept the offer of
$836.50 payable in fourteen days or the lien reverts back to the original amount of $8,365.00.
Mr. Busta seconded the motion. Motion passed 4-3. (Mr. Perl, Mr. Asmus, Mr.
Buenconsejo voted no).
Code Enforcement
Case#: 3007
• Owner: Robert Emmerling
Address: 285 NE 98 St.
4 June 5, 2003
The property owner, Robert Emmerling, was there to present the case. Mr. Emmerling
explained the nature of the violation and stated that he obtained a permit to paint the roof but
that he did not inform the officer that he was in compliance. Mr. Emmerling thought that
once the permit was approved the case would be closed. Mr. Emmerling submitted evidence
to the Board showing the permit approval.
After further discussion, Mr. Patnick made a motion to accept the offer of $300.00 payable in
7 days or the lien reverts back to the original amount of $2,750.00. Mr. Perl seconded the
motion. Motion passed 6-1. (Mr. Asmus voted no.
Case#'s: 94, 957, 903
Owner: Alix Faustin
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. Mr. Faustin has filed for Request for
Relief several times. Mr. Faustin stated that he wanted to make a new offer of $1,500.00 in
order to release the lien. After further discussion from the Board, Mr. Patnick made a motion
to accept the offer of $1,500.00 or the lien reverts back to the original amount of $33,300.00.
Mr. Busta seconded the motion. Motion failed 3-4. (Mr. Perl, Mr. Vickers, Mr. Quiroga,
and Mr. Asmus voted no).
Case# 2000-01289
Owner: Evelyn Wright
Address: 101 NW 100 St.
The property owner, Evelyn Wright, was there to present the case. Ms. Wright came to
requested a refund of $3,765.00 after paying the full lien amount of $4,015.00 in order to
obtain release. Ms. Wright explained the reasons why it took a long time to bring the
property into compliance. Ms. Wright stated that she thought they had received an extension
to cure the violation. Evidence in the file showed that the owner was given several
extensions, but she came into compliance after the deadline of the last extension had expired.
After further discussion, Mr. Perl made a motion to deny the refund request of $3,765.00.
Mr. Quiroga seconded the motion. Motion passed 6-1. (Mr. Buenconsejo voted no).
Address: 11016 NW 2 Ave.
Owner: US Dept. of Housing and Urban Development
The Village Attorney, Richard Sarafan, presented the request made by Sharin Swain, Chief
Counsel for the US Dept. of Housing and Urban Development. Mr. Sarafan explained that
•
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the property is a vacant lot that is being transferred to Miami Dade County pursuant to an
Asset Controlled Area contract.
After further discussion, Mr. Quiroga made a motion to release the liens imposed on the
property. Mr. Buenconsejo seconded the motion. Motion passed 5-2. (Mr. Perl and Mr.
Asmus voted no).
4.D) NEW BUSINESS
The Board discussed the issue of keeping their own properties in compliance since they are
setting an example to the Village.
The Chairman, Mr. Asmus, made the announcement that he was stepping down from the
Chairman position. He wanted to thank all the Board members for their support and
requested nominations for the new Chairman and new Vice Chairman positions.
Mr. Patnick made a motion to nominate Mr. Vickers as Chairman. Mr. Quiroga seconded the
motion. Mr. Peri made a motion to nominate himself as chairman. Mr. Buenconsejo
seconded the motion. A roll vote was taken and the motion passed 5-2 in favor of Mr. Perl as
Chairman.
Mr. Buenconsejo made a motion to nominate Mr. Vickers for the Vice Chairman position.
Mr. Patnick seconded the motion. Motion passed 7-0.
• 5.E) ADJOURNMENT
Mr. Quiroga made a motion for adjournment. Mr. Buenconsejo seconded the motion.
Motion passed 7-0. The June 5, 2003, meeting of the Code Enforcement Board was
adjourned at 8:OOP.M.
Mr. Barry Asmus, Chairman
Irene M. Fajardo, Recording Secretary