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03-04-2004 Regular Meetings' • • • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village March 4, 2004 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 4, 2003, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman Barry Perl. PRESENT: Barry Perl, Chairman Barry Asmus John Patnick Robert Vickers Rod Buenconsejo John Busta Manny Quiroga ALSO PRESENT: Al Berg, Code Enforcement and Planning and Zoning Director Anthony Flores, Code Enforcement Officer Hillary Skumanich, Code Enforcement Officer Richard Sarafan, Village Attorney Irene M. Fajardo, Administrative Assistant. All persons testifying were sworn in at this time. 1. A) FEBRUARY 5, 2003 MINUTES: Mr. Asmus made a motion to approve the February 5, 2003 minutes with the amended corrections. Mr. Busta seconded the motion. The vote was unanimous in favor. 2. B) FIRST HEARING Summary Adjudication: Case's# 2003-04298 2003-04299 2003-04300 2003-04301 2003-04330 2003-04375 2003-04466 2003-04474 2003-04490 2003-04492 2003-04508 2003-04540 2003-04541 2003-04556 2003-04569 Chairman Perl read each case and address into the record and asked if anyone else 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. Code Enforcement Board 1 03/04/04 • 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 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. Vickers seconded the motion. Motion passed 7-0. 3.C) PENALTY HEARINGS Case: 2003-04337 Owner: Nordy Beauvais Address: 54 NW 103 St. The officer, Hillary Skumanich, testified that violations still existed on the property. Officer Skumanich explained that the vehicle was being used for storage and not for driving. Pictures were submitted to the Board as evidence of the violation. The property owner, Nordy Beauvais, was there to present the case. Mr. Beauvais stated that there is a current tag on the vehicle but that it is not drivable since it is being used for storage. After a brief discussion, Mr. Busta made a motion to remove the vehicle from the property within twenty four hours or a lien will be imposed on the property. Mr. Quiroga seconded the motion. Motion passed 6-1. (Mr. Asmus voted no). Case: 2003-04287 Owner: Ian Aiken and Ivonne Watson Address: 82 NW 98 St. The officer, Hillary Skumanich, testified that violations still existed on the property. Officer Skumanich explained that Ms. Watson pulled a permit to paint the house but she has not started the job. Pictures were submitted to the Board as evidence of the violation. The property owner, Yvonne Watson, was there to present the case. Ms. Watson explained that she was waiting to put a new roof before she painted the house. The Board discussed the issue of the new roof and how that would affect the painting of the house. The Board also discussed the various continuances give by Officer Skumanich. After a brief discussion Mr. Vickers made a motion Summary Adjudication: Code Enforcement Board 2 03/04/04 • Case's#:2003-03955 2003-04166 2003-04202 2003-04249, 2003-04317, 2003-04319, 2003-04360. 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. Buenconsejo seconded the motion. Motion passed 6-0. 4.D) REQUEST FOR RELIEF Case: 2003-04194, 2003-04156 411 Owner: Carrera Investment LLC Address: 112 NE 111 St. The property owner, Mr. Eckeschantre, was there to present the case. Mr. Eckeschantre stated that he did not receive notice of the violation because he does not reside at the address. The tax records in Miami Dade County did not show a different mailing address other than the property. The Board inquired about the work that was done on the property. Mr. Eckeschantre stated that he was trying to beautify the property and that he came into compliance as soon as he found out about the violations. Mr. Buenconsejo made a motion to accept the offer of $1,250.00 payable in seven (7) days or the lien reverts back to the original amount of $3,880.00. Mr. Busta seconded the motion. Motion passed 5-1. (Mr. Asmus voted no). Case: 2002-02932 Owner: Teresa Gaffrey Address: 5 NW 106 St. The property owner, Teresa Gaffrey, was there to present her case. Ms. Gaffrey stated that she left to England for a few months because her father was very ill. She came into compliance as soon as she found out about the violation. After further discussion, Mr. Buenconsejo made a motion to accept the offer of $2,000.00 payable in seven (7) days or the lien reverts back to the original amount of $9,940.00. Mr. Vickers seconded the motion. Motion passed 5-1. (Mr. Asmus voted no). Code Enforcement Board 3 03/04/04 • Case:2003-04110 Owner: Parry Real Estate Address: 9628 NE 2nd Ave. The tenant, Jonathan Bennett, was there to present the case. Anthony Mallow, the attorney representing the Traffic Ticket Office, was also there to present the case. Mr. Mallow explained that he did not know of the deadline for compliance or that he needed to inform the officer once the violation was complied. He also explained that the signs took some time in getting approved by the Planning and Zoning Board. Officer Flores stated that he had continuous contact with the owner in regards to the procedures and the violation. After further discussion from the Board, Mr. Buenconsejo made a motion to deny the offer of $15.00. The lien will remain original amount of $2,240.00. Mr. Asmus seconded the motion. Motion passed 6-0. Case: 2000-00850 Owner: Anthony Hay Address: 149 NW 107 ST. The property owner, Anthony Hay, was there to present the case. Mr. Hay stated that he has not lived at the property for over a year and that he came into compliance as soon as he found out that a violation existed. He explained that he thought he had come into compliance in a timely manner, but that he was not aware that he needed to contact the officer. The house file was pulled. A permit in the file showed that Mr. Hay, did in fact, come into compliance before the deadline. After a brief discussion, Mr. Patnick made a motion to accept the offer of $15.00 payable in five (5) days or the lien reverts back to the original amount of $2,265.00. Mr. Buenconsejo seconded the motion. Motion passed 4-2. (Mr. Vickers and Mr. Asmus voted no). Case: 2000-00587, 2000-01342, 2000-01343 Owner: Mark Brodsky Address: 1287 NE 96 St. Richard Golden, the attorney representing the owner, was there to present the case. The property owner, Mark Brodsky, was also there to present the case. Mr. Golden explained the circumstances in regards to the violations. He stated that the lien amounts were incorrect because they notified the officer to close the case. Evidence in the file showed correspondence to the officer Ernst Louis and to Mr. Brodsky. Officer Ernst Louis no longer works for the Village and was not there to testify on the Village's behalf. After a brief discussion from the Board, Mr. Buenconsejo made a motion to accept the offer of $3,711.00 payable in seven (7) days or the lien reverts back to the original amount of Code Enforcement Board 4 03/04/04 • $41,450.00. Mr. Vickers seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Perl voted no). • Case: 200001463, 6317 Owner: Pedro Rojas Address: 249 NW 92 St. The property owner Pedro Rojas, was there to present the case. Mr. Rojas explained that he was never notified of the violations since the notices were sent to HUD. Evidence in the file showed that the notices were sent to HUD. Mr. Rojas also explained that the title company never informed him of the lien and that he was planning to file a suit against them. Officer Skumanich testified that she was in constant contact with the owner and informed him of the violations. Mr. Rojas stated that he knew of the recent violation (Case 2000-01463), but not of the old one, Case 6317). After further discussion, Mr. Asmus made a motion to continue the case and withhold release of the liens until the title settlement is made. Mr. Vickers seconded the motion. Motion passed 6-0. 5.E) NEXT MEETING The next meeting will be on March 4, 2004. 6.F) ADJOURNMENT Mr. Asmus made a motion for adjournment. Chairman Perl seconded the motion. Motion passed 6-0. The February 5, 2004, meeting of the Code Enforcement Board was adjourned at 8:50P.M. Mr. Barry Perl, Chairman Irene M. Fajardo, Recording Secretary Code Enforcement Board 5 03/04/04