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07-01-2004 Regular MeetingMINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village July 1, 2004 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 1, 2004, 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 (Came in at 7:12PM) Manny Quiroga John Busta Robert Vickers Rod Buenconsejo ABSENT: John Patnick 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. All persons testifying were sworn in at this time. 1. A) JUNE 3, 2004 MINUTES: Mr. Quiroga made a motion to approve the June 3, 2004 minutes as amended. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor. 2. B) FIRST HEARING Case: 2004-04616 Owner: Victor Ortegon/Amanda McGovern Address: 550 NE 101 St. Violations: Bldg 6-4= Unauthorized construction and alteration The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. Pictures were submitted to the Board as evidence. The property owner, Amanda McGovern, was there to present the case. Mrs. McGovern explained that they are doing renovations on the • • house and that the architect has taken a long time to finish the plans. She also explained that they wanted to install Alhambra tiles, which are very hard to obtain, before putting a new roof on the house. Mrs. McGovern obtained a new permit since the old one expired and has kept in touch with the officer in regards to the case. She was there to request a continuance. Some of the Board members stated that the tarp has been on the roof for too long. After further discussion from the Board, Mr. Vickers made a motion to continue the case until February 3, 2005 in order for the owners to complete the renovations and install the new roof. Mr. Asmus seconded the motion. Motion passed 5-1. (Mr. Perl voted no). Case: 2004-04878 Owner: Universal Invest. Prop. LLC Address: 275 NW 111 St. Violation: Bldg. 6-4= Unauthorized construction/alteration The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. Pictures were submitted to the Board as evidence. The property owner, Ivan Karo of Universal Investment Prop, was there to present the case. Mr. Karo admitted to resurfacing the driveway without a permit. He has now obtained a permit and he is waiting for the final inspection from the building inspector. After further discussion from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that violations exist according to Sections Bldg. 6-4 of the Miami Shores Village Code. The violator shall correct the violations within 30 days and immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed by 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, per violation, 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. Buenconsejo seconded the motion. Motion passed 6-0. II/ Summary Adjudication: • Case's# 2003-04597, 4624, 2004-4708, 4723, 4727, 4735, 4736, 4748, 4806, 4836, 4838, 4841, 4846, 4850. • • 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 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. Buenconsejo seconded the motion. Motion passed 6-0. 3.C) PENALTY HEARINGS Case: 2004-04579 Owner: Bernadel Joseph and Marie Homi Address: 5 NE 106 St. The property owner, Marie Joseph, was there to present her case. She explained that she did not have product approval for the windows installed and she had problems with the contractor. She also explained that she now has a contract with a shutter's company and she plans to install shutters to the windows with the required product approvals. Ms. Joseph submitted her contract to the Board as evidence of her intent to comply with the violation. She requested a continuance since she is in the process. After a brief discussion, Mr. Buenconsejo made a motion to • continue the case until the next meeting on August 5, 2004. Mr. Quiroga seconded the motion. Motion passed 6-0. Summary Adjudication: Case's#:2003-4367, 4368, 4605, 4717, 4718, 4719, 4720, 4738, 4741, 4742, 4743, 4758. 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 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 6-0. 4.D) REQUEST FOR RELIEF Case: 2002-03135 Owner: Leonard Watson Address: 165 NW 99 St. The attorney, Joseph Goldstein, was there to represent the owner and present the case. The property owners made a previous offer of $300.00 which was denied. Mr. Goldstein was there to increase the proposed settlement amount to $800.00. After a brief discussion, Mr. Buenconsejo made a motion to approve the payment of $800.00 payable in thirty days or the lien reverts back to the original amount of $11,390.00. Mr. Vickers seconded the motion. Motion passed 4-2. • (Mr. Asmus and Mr. Quiroga voted no). 1 • • Case: 2002-02452 Owner: Guy 0' Grady Address: 800 NE 96 St. No one was there to present the case. Mr. Asmus made a motion to deny the offer that was proposed in the request for Relief application for $2,000.00. The lien will remain in the original amount of $4,665.00. Mr. Busta seconded the motion. Motion passed 6-0. Cases: 9053, 477, 478, 642, 1318, 1319. Owner: Rodrigue and Charitable Delhome Address: 262 NW 111 Terr. The property owner, Charitable Delhome, and her daughter Sharine Delhome, were there to present the cases. Ms. Delhome explained that she did not know that she needed to contact the officer once the property was in compliance. She thought that the cases were closed in a timely manner. Ms. Delhome is refinancing the house and that is how she found that a lien existed on the property. After further discussion, Mr. Vickers made a motion to approve $2,500.00 payable in sixty days or the lien reverts back to the original amount of $33,435.00. Mr. Buenconsejo seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Quiroga voted no). Case:200-01204 Owner: Max and Sharon Sturman Address: 107 NE 96 St. The property owner, Max Sturman, was there to present the case. Mr. Sturman explained that he thought the case had been closed since he had contact with Officer Skumanich at the time he believed he had come into compliance. Mr. Sturman also explained how Lime paint looks on the walls and how the rain affects the paint. Mr. Berg stated that the paint on the walls is still streaking and needs to be repainted. Pictures were submitted to the Board as evidence. After a brief discussion, Mr. Quiroga made a motion to accept $500.00 payable in ten days or the lien reverts back to the original amount of $2,050.00. Mr. Buenconsejo seconded the motion. Motion passed 5-1. (Mr. Asmus voted no). • Case: 2003-04360 Owner: Paul Douglas Barker Address: 40 NW 102 St. The property owner, Douglas Barker, was there to present the case. Mr. Barker explained that he came into compliance within 24 hours of receiving the Notice of Violation but he was not aware that needed to contact the officer. He was not familiar with the procedure. After a brief discussion, Mr. Vickers made a motion to accept $750.00 payable in ten days or the lien reverts back to the original amount of $5,065.00. Mr. Buenconsejo seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Perl voted no). 5.E) NEXT MEETING The next meeting will be on August 5, 2004 6.F) ADJOURNMENT Mr. Asmus made a motion for adjournment. Mr. Buenconsejo seconded the motion. Motion passed 6-0. The July 1, 2004 meeting of the Code Enforcement Board was adjourned at 8:30P.M. Irene M. Fajardo, Recording Secretary Mr. Barry Perl, Chairman