08-05-2004 Regular Meeting•
MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
August 5, 2004
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday August 5, 2004,
at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman
Barry Pert
PRESENT:
Barry Perl, Chairman
Barry Asmus (Came in at 6:05PM)
Manny Quiroga (Came in at 6:05PM)
John Busta
Robert Vickers
Rod Buenconsejo
John Patnick
ABSENT: Richard Sarafan, Village Attorney
ALSO PRESENT: Al Berg, Code Enforcement and Planning and Zoning Director
Anthony Flores, Code Enforcement Officer
Irene M. Fajardo, Administrative Assistant.
All persons testifying were sworn in at this time.
1. A) JULY 1, 2004 MINUTES:
Mr. Busta made a motion to approve the July 1, 2004 minutes as amended. Mr. Buenconsejo
seconded
the motion. The vote was unanimous in favor.
2. B) FIRST HEARING
Case: 2004-04934
Owner: Donna M. Gruber
Address: 85 NW 104 St.
Violations: 523= Harmony
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, Donna
Gruber,
was there to present the case. Ms. Gruber did not agree that a violation existed. She explained
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that the
coverings on the windows are bookshelves placed against them. They are free standing units that
can be moved
at any time. She stated that they own many books and wanted to fill the room with shelves full of
books.
The Board expressed their concerns about fire hazard issues and whether a person from the
outside would be
able to distinguish the bookshelves from white coverings used as curtains. Ms. Gruber explained
the exits of the
property and invited Officer Flores to come in the property to inspect the bookshelves. The
Board members
reviewed the pictures. After further discussion, the case was withdrawn since, by the pictures,
one could
guess that the coverings were actual curtains. No violation in regards to Harmony was found
against the property.
Summary Adjudication:
Case's# 2003-04483,2004-04799, 4825, 4828, 4830, 4831, 4909, 4916, 4932, 4935, 4942, 4953.
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 7-0.
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3.C) PENALTY HEARINGS
Case: 2004-04723
Owner: Bernice and Sharon Almodovar
Address: 182 NW 95 St.
The property owner, Bernice Almodovar, was there to present the case. Ms. Almodovar
explained that she
obtained a permit and that the work is being done. She requested a continuance since she is in the
process.
After a brief discussion, Mr. Quiroga made a motion to continue the case until the next meeting
on Sept. 2, 2004.
Mr. Quiroga seconded the motion. Motion passed 4-2. (Mr. Busta and Mr. Vickers voted no).
Case: 2004-04713, 2004-04714
Owner: Stephen Harper and Odalys Acosta
Address: 29 NW 94 St.
The property owner, Stephen Harper, was there to present the case. Mr. Harper requested a
continuance
since he is in the process of bringing the property into compliance. After a brief discussion, Mr.
Quiroga made
a motion to continue the case until the next meeting on Sept. 2, 2004. Mr. Vickers seconded the
motion.
Motion passed 7-0.
Summary Adjudication:
Case's#:2004-04708, 4806, 4838, 4850.
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,
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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 7-0.
Case: 2004-04735, 2004-04736
Owner: Dale and Lisa Sims
Address: 152 NW 110 St.
Mr. Sims arrived after the summary adjudication for the Penalty cases. Mr. Quiroga made a
motion to reconsider the
cases. Mr. Buenconsejo seconded the motion. Motion passed 7-0.
Pictures were submitted to the Board as evidence of the violations. Mr. Sims explained the
nature of the violations and
requested additional time to bring the property into compliance. After further discussion, Mr.
Asmus made a motion
to continue both cases until Sept. 2, 2004. Mr. Buenconsejo seconded the motion. Motion passed
6-1. (Mr. Quiroga voted no).
4.D) REQUEST FOR RELIEF
Case: 2003-04317, 04319
Owner: Aldo Vera
Address: 420 NW 112 Terri.
The property owner, Aldo Vera, was not there to present case. Mr. Quiroga made a motion to
deny the offer
of $300.00 written in the application. The lien will remain at the original amount of $9,130.00.
Mr. Asmus
seconded the motion. Motion passed 4-2. (Mr. Busta and Mr. Perl voted no).
Case: 8081, 8099, 2662, 2663, 1315
Owner: Ivan Karo
Address: 275 NW 111 St.
The property owner, Ivan Karo, was there to present the case. Mr. Karo explained that the
violation belonged to
the old owners. He stated the he brought the property into compliance and that he is now selling
to another family.
Mr. Karo also explained that the property was a foreclosure sale but that the surplus money in the
court was never
collected by the old owner or by the Village. The Board members inquired about the surplus
money. They were
concerned about making a motion without having the Village attorney, Richard Sarafan, present.
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Documents
were submitted to the Board as evidence of the foreclosure. Some of the Board members stated
that Mr. Karo
beautified the house by bringing the property into compliance. He should be given release in
order for the sale of the
house to move forward. Mr. Vickers made a motion to accept $1,500.00 payable in five days or
the lien
reverts back to the original amount of $96,180.00. Mr. Patnick seconded the motion. Motion
passed 4-3.
(Mr. Asmus, Mr. Busta, and Mr. Buenconsejo voted no).
Cases: 2003-03533
Owner: Marcos Gomez
Address: 10340 NW 2 Ave.
The property owner, Marcos Gomez, was not to present. A letter was submitted to the Board
authorizing Sergio
Tomas to represent the owner. Mr. Tomas was only there to make the offer of $1,000.00 to
release the lien.
Mr. Vickers made a motion to accept the offer of $1,000.00 payable in thirty days or the lien
reverts back to the
original amount of $11,690.00. Mr. Buenconsejo seconded the motion. Motion passed 6-1. (Mr.
Asmus voted no).
Case: 8027
Owner: Clarence Griffin
Address: 37 NW 108 St.
The property owner, Clarence Griffin, was there to present the case. Mr. Griffin submitted a
receipt showing the date
when the roof was cleaned and the property was brought into compliance. The Board members
reviewed the receipt
and calculated that the lien amount should be $4,940.00. Mr. Griffin made an offer of $500.00 to
release the new
calculated lien amount. After a brief discussion, Mr. Buenconsejo made a motion to accept the
offer of $500.00
payable in thirty days or the lien reverts back to the original amount of $4,940.00. Mr. Patnick
seconded the motion.
Motion passed 6-1. (Mr. Asmus voted no).
Case: 2002-02255
Owner: Delgis Reyna
Address: 9413 N. Miami Ave.
• The property owner, Delgis Reyna, and his realtor, Augusta GiGi Krop, were there to present the
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case. Mr. Reyna
explained that he was not aware of the lien when he purchased the property. Evidence in the file
showed that the
notices were sent to the previous owner. The Board members inquired about the date of purchase
of the
roperty and stated that the owner must contact the title company that he used when he made the
purchase.
After a brief discussion, Mr. Vickers made a motion to table the case until the next meeting on
Sept. 2, 2004.
Mr. Asmus seconded the motion. Motion passed 6-1. (Mr. Quiroga voted no).
Case: 2003-04246
Owner: James Rosado
Address: 148 NE 110 St.
Mr. Rosado's offer of $100.00 was denied at the previous meeting. A letter was submitted to the
Board stating
that the tenant, Tosin Atolagbe, would represent the owner. Mr. Atolagbe was there to present
the case. He
submitted documents to the Board as evidence that the vehicle was registered in California and
the process
required to register the vehicle in Florida. After a brief discussion, Mr. Quiroga made a motion to
approve the
offer of $400.00 payable by Sept. 20, 2004 or the lien will revert back to the original amount of
$2,790.00.
Mr. Buenconsejo seconded the motion. Motion passed 4-2. (Mr. Asmus and Mr. Patnick voted
no).
5.E) NEXT MEETING
The next meeting will be on September 2, 2004
6.F) ADJOURNMENT
Mr. Asmus made a motion for adjournment. Mr. Buenconsejo seconded the motion. Motion
passed 7-0.
The August 5, 2004 meeting of the Code Enforcement Board was adjourned at 8:15P.M.
Mr. Barry Perl, Chairman
41111 Irene M. Fajardo, Recording Secretary