05-06-2004 Regular MeetingMINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
May 6, 2004
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday May 6, 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
Manny Quiroga
John Busta
Robert Vickers
Rod Buenconsejo
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) APRIL 1, 2004 MINUTES:
Mr. Quiroga made a motion to approve the April 1, 2004 minutes. Mr. Buenconsejo seconded
the motion. The vote
was unanimous in favor.
2. B) FIRST HEARING
Case: 2003-04493
Owner: Al Crespo
Address: 689 NE 92 St.
Violation: Bldg. 12-133; Unsightly fascia, soffit, and house exterior
The officer, Hillary Skumanich, explained the nature of the violation and testified that the
violation still existed on the property.
Pictures were submitted to the Board as evidence. Officer Skumanich stated that she maintained
communication with the
owner but that it took a long time to bring the property into compliance. Al Crespo, Vide
President of Shores Plaza West Condo
Association, was there to present his case. Mr. Crespo explained that he hired a company to
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replace the roof and found out that
the company was not a licensed roofing company. He is now getting a new proposal from a
different roofing company. 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 Bldg. 12-133 of the Miami Shores Village Code. The violator shall correct the
violation by June 3, 2004. The owner
shall immediately notify the Code Enforcement Officer when the property is brought into
compliance. If compliance is not completed
in the specified time, 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. Asmus seconded the motion. Motion passed
7-0.
Case: 2003-04579
Owner: Bernadel Joseph
Address: 5 NE 106 St.
Violation: Bldg. 6-4; Unauthorized construction and alteration
The officer, Anthony Flores, explained the nature of the violation and testified that the violation
still existed on the property.
Pictures were submitted to the Board as evidence.
The owner, Bernadel Joseph, was there to present her case. Mrs. Joseph explained that the permit
application is still in progress
because the windows were not given product approval. Mrs. Joseph did not know that shutters
for the windows are mandatory.
She stated that the process of replacing the windows throughout the house turned out to be a
bigger project than what she expected.
She requested additional time to obtain all the necessary documents and permits for the
windows. Her intentions are to due the
windows with all the required approvals and permits.
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 Bldg. Section 6-4 of the Miami Shores Village Code. The violator shall correct the violation
by July 1, 2004 and shall immediately notify
the Code Enforcement Officer when the property is brought into compliance. If compliance is
not completed by July 1, 2004, 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
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in prosecuting the violations to date.
Mr. Vickers seconded the motion. Motion passed 6-1. (Mr. Asmus voted no).
Summary Adjudication:
Case's# 2003-04605, 2003-04629, 2003-04643, 2003-04658, 2004-04675, 2004-04696, 2004-
04697, 2004-04738, 2004-04763,
2004-04786, 2004-04788, 2004-04790.
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.
Mr. Quiroga 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 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. Buenconsejo
seconded the motion. Motion passed 7-0.
3.C) PENALTY HEARINGS
Case: 2003-04590
Owner: Reynaldo 0 Ocana
Address: 10603 NE 10 Ct.
Samuel Cordero is here to represent Mr. Ocana and present the case. He does not have a power
of attorney to represent the owner.
Mr. Cordero came to request a continuance. After a brief discussion, Mr. Vickers made a motion
to deny the continuance
requested and impose the previously adjudicated fines as stated in the Enforcement Order. Mr.
Busta seconded the motion. Motion passed 7-0.
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Case: 04593, 04688
Owner: Rey Gomez
Address: 1173 NE 104 St.
Bruce Weil, an attorney representing Rey Gomez, was there to present the case. Mr. Weil is
requesting a continuance for the owner. He is in
the process of applying for all the permits and obtaining all the necessary drawings and product
approvals. After a brief discussion,
Mr. Quiroga made a motion to continue the case until June 3, 2004. Mr. Buenconsejo seconded
the motion. Motion passed 6-1.
(Mr. Asmus voted no).
4.D) REQUEST FOR RELIEF
Case: 2002-03135
Owner: Chantal Watson
Address: 165 NW 99 St.
The property owner, Chantal Watson was there to make a new offer of $300.00 since her
previous offer of $50.00 was denied.
After a brief discussion Mr. Asmus made a motion to deny the new offer of $300.00 and the lien
will revert back to the original
amount of $3,625.00. Mr. Vickers seconded the motion. Motion passed 7-0.
Case: 2003-03876
Owner: Joseph and Patricia Toussaint
Address: 9818 NW 1 Ave.
The property manager, Kelman Edwards, was there to make a new offer of $1,500.00 since the
previous offer of $500.00 was denied.
After a brief discussion, Mr. Vickers made a motion to accept the offer of $1,500.00 payable in
thirty (30) days or the lien reverts
back to the original amount of $4,765.00. Mr. Buenconsejo seconded the motion. Motion passed
4-3. (Mr. Asmus,
Mr. Patnick, and Mr. Perl voted no).
Case: 2002-02685, 2003-04117
Owner: Alex Pena
Address: 289 NW 111 Terr.
The property owner, Angela Gonzalez was there to make a new offer of $2,000.00 since the
previous offer of $933.75 was denied.
After a brief discussion Mr. Vickers made a motion to accept the new offer of $2,000.00 payable
in thirty calendar days or the lien reverts
back to the original amount of $10,700.00. Mr. Buenconsejo seconded the motion. Motion
passed 5-2. (Mr. Asmus and Mr. Perl voted no).
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Case: 2000-01177
Owner: Marie Toussaint
Address: 28 NW 111 St.
The owner, Marie Toussaint and her friend Sam Delva, who is speaking on her behalf, were
there to present the case. Mr. Delva explained
that Ms. Toussaint was not aware that a lien existed on her property. Evidence in the file showed
that someone at the property signed
for the return receipt. After a brief discussion, Mr. Vickers made a motion to approve $1,800.00
payable in sixty days or the lien reverts
back to the original amount of $18,015.00. Mr. Perl seconded the motion. Motion passed 6-1.
(Mr. Asmus voted no).
Case: 2002-03241
Owner: Gertha Lalanne
Address: 38 NW 108 St.
The son of Gertha Lalanne was there to present the case. Mr. Simore explained that his mom
made an effort to bring the property into
compliance in a timely manner. Mr. Simore made an offer of $2,000.00. After a brief discussion,
Mr. Quiroga made a motion to accept
the $2,000.00 payable in forty five days or the lien reverts back to the original amount of
$11,315.00. Mr. Buenconsejo seconded
the motion. Motion passed 6-1. (Mr. Asmus voted no).
Case: 2003-04180, 2003-04179
Owner: LY Collins
Address: 130 NW 97 St.
The property owner, LY Collins, was there to make a new offer of $700.00 since the previous
offer of $30.00 was denied. After a
brief discussion Mr. Vickers made a motion to accept $700.00 payable in thirty days or the lien
reverts back to the original amount
of $6,580.00. Mr. Buenconsejo seconded the motion. Motion passed 6-1. (Mr. Asmus voted no).
Cases: 2003-04246
Owner: James Rosado
Address: 148 NE 110 St.
The property owner, James Rosado, was not present. Mr. Quiroga made a motion to deny the
offer of $15.00 as stated in the
Request for Relief application. Mr. Asmus seconded the motion. Motion passed 7-0.
5.E) NEXT MEETING
The next meeting will be on June3, 2004.
6.F) ADJOURNMENT
Mr. Asmus made a motion for adjournment. Mr. Quiroga seconded the motion. Motion passed 7-
0. The May 6, 2004, meeting
of the Code Enforcement Board was adjourned at 8:30P.M.
Irene M. Fajardo, Recording Secretary
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Mr. Barry Perl, Chairman