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11-04-2004 Regular Meeting• MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village November 4, 2004 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 4, 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 Robert Vickers Manny Quiroga John Busta Rod Buenconsejo John Patnick ABSENT: Barry Asmus 411 ALSO PRESENT: Al Berg, Code Enforcement and Planning and Zoning Director Richard Sarafan, Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Irene M. Fajardo, Administrative Assistant. All persons testifying were sworn in at this time. 1. A) October 7, 2004 MINUTES: Mr. Busta made a motion to approve the October 7, 2004 minutes as amended. Mr. Patnick seconded the motion. The vote was unanimous in favor. 2. B) FIRST HEARING Case: 2004-05009 Owner: Pedro Rojas Address: 249 NW 92 St. Violations: Section. 12-133; Unsightly fascia, soffit, and house exterior Section 12-128; Weather/water tight structures The officer, Anthony Flores, explained the nature of the violation and testified that the violations still existed on the property. Pictures were submitted to the Board as evidence. The attorney, Cary Lubetsky, was • there to represent the owner and present the case. Mr. Lubetsky explained that the property owner needed for the lien on the property to be released in order to refinance the house and obtain the money necessary to repair the roof. Mr. Rojas currently has a lien on the property in regards to the driveway and the approach to the driveway. After further discussion from the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Sections Bldg. 12-133 and 12-128 of the Miami Shores Village Code. The violator shall correct the violation within 60 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 code section of the violation, starting on the date of compliance ordered by the Board. 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. Case: 2004-05158 • Owner: Boris Moroz Address: 9055 Biscayne Blvd. Violations: Sch. Reg. 504 (0(1) The officer, Mike Orta, explained the nature of the violation and testified that the violation no longer existed on the property but that it was a repeat violation. He requested a Repeat Order stating that if the violation is observed, it shall be an immediate fine even if corrected. Pictures were submitted to the Board as evidence that a violation existed. Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation existed on the property according to Section 504 (0 (1) of the Miami Shores Village Code Schedule of Regulations and that it was corrected. If the violation reoccurs an immediate fine will be imposed. Mr. Vickers seconded the motion. Motion passed 6- 0. Summary Adjudication: Case #'s 2004-05011, 5033, 5035, 5047, 5048, 5055, 5056, 5062, 5063, 5090, 5096, 5107, 5129, 5133, 5148, 5169, 5221. 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. Vickers 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, starting on the date of compliance ordered by the Board, 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. Case: 2004-05090 Owner: Hubert and Cecelia Miller Address: 1275 NE 94 St. Violations: Section Bldg. 6-4; Unauthorized construction and alteration. Mr. Miller arrived after his case was adjudicated. The officer, Mike Orta, explained the nature of the violation and testified that the violations still existed on the property. Pictures were submitted to the Board as evidence. The property owner, Hubert Miller, was there to present the case. Mr. Miller agreed that a violation existed on the property. He stated that he obtained the necessary permits and that he was waiting for the permits to be approved. After further discussion from the Board, Mr. Quiroga made a motion to re -impose the original adjudication. Mr. Vickers seconded the motion. Motion passed 6-0. 3.C) PENALTY HEARINGS Case: 2004-04908 Owner: Marguerite Voorhees Address: 307 NE 99 St. Candido Soras, the property owner's designer, was there to represent the owner and present the • • case. The violation is in regards to an enclosed screened patio that was done without permits. Pictures were submitted to the Board as evidence of the violation. Mr. Soras explained that the plans for the current patio are already done. The owners are waiting for a current survey of the property. Mr. Soras requested a continuance until the owners have all the necessary documents for the permit application and the approval of the Planning and Zoning Board. After a brief discussion Mr. Quiroga made a motion to continue the case for 60 days. Mr. Buenconsejo seconded the motion. Motion passed 6-0. Case: 04944 Owner: William and Marlene Roach Address: 2 NW 109 St. The property owners, William and Marlene Roach, were there to present their case. The owners have a metal shed located in the setback without an approved permit. Mr. Roach explained that the metal shed was there when they purchased the property. Mrs. Roach stated that she was not aware that the property had possible violations when they purchased it. They requested additional time to pull the necessary permit for the shed and move it to a different location. After a brief discussion, Mr. Busta made a motion to continue the case until December 1, 2004. Mr. Quiroga seconded the motion. Motion passed 6-0. Summary Adjudication: Case's#:2004-04956, 4993, 4994, 5018, 5030, 5037, 5040, 5046, 5050, 5080. Mr. Buenconsejo 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: 2004-04717, 4718 Owner: Glaister Notice Address: 84 NW 94 St. The property owner, Glaister Notice, was there to present his case. Mr. Notice was previously denied a $280.00 offer to release the lien. Mr. Notice made a new offer of $700.00 payable in 30 days. After a brief discussion, Mr. Buenconsejo made a motion to accept the offer of $700.00 payable in 30 days or the lien reverts back to the original amount of $5,830.00. Mr. Busta seconded the motion. Motion passed 4-2. (Mr. Vickers and Mr. Quiroga voted no). Case: 2004-04317, 4319 Owner: Aldo Veras Address: 420 NW 112 Terr. The property owner, Aldo Veras, was there to present his case. Mr. Veras was previously denied a $1,000.00 offer to release the lien. Mr. Veras made a new offer of $1,900.00 payable in 45 days. After a brief discussion, Mr. Patnick made a motion to accept the offer of $1,900.00 payable in 45 days or the lien reverts back to the original amount of $9,130.00. Mr. Buenconsejo seconded the motion. Motion passed 6-0. Case: 2002-02160 Owner: Jose Gonzalez Address: 289 NW 91 St. The property owner, Jose Gonzalez, was there to present his case. Mr. Gonzalez had a violation for painting the house without a permit. He explained that he didn't know he needed a permit to paint a small portion of the house. He also explained that his wife received all the notices and she didn't tell him about them. Mr. Gonzalez corrected the violation immediately after becoming aware that a violation existed. The Board discussed the nature of the violation and pictures were submitted to them as evidence. After a brief discussion, Mr. Patnick made a motion to accept the offer of $2,415.00 payable in 90 days or the lien • reverts back to the original amount of $24,115.00. Mr. Buenconsejo seconded the motion. Motion passed 4-2. (Mr. Vickers and Mr. Quiroga voted). Case: 2003-04590 Owner: Reynaldo Garcia Address: 10603 NE 10 Ct. The property owner, Reynaldo Garcia and a friend, Alfredo Borges, were there to present the case. Mr. Garcia installed an awning and a large gate in the front of the property without first obtaining permits. Mr. Borges spoke on behalf of Mr. Garcia. He explained that the violations were corrected in a timely manner. Officer Flores stated that he continuously has problems in regards to unauthorized construction on the property. Evidence in the file showed that the owner did not comply by the ordered date. After a brief discussion, Mr. Vickers made a motion to approve $2,589.00 payable in 30 days or the lien reverts back to the original amount of $2,590.00. Mr. Patnick seconded the motion. Motion failed to carry 3-3. (Mr. Busta, Mr. Quiroga, and Mr. Buenconsejo voted no). Mr. Quiroga made a new motion to deny the offer of $200.00. Mr. Patnick seconded the motion. Motion passed 6-0. Case: 9138, 9139, 9140 Owner: Polussainte Jean Pierre Address: 1 NW 110 St. The property owner Polussainte Jean Pierre, was there to present her case. Jeff Jones, an investor and a representative from Vertical Connection, was there to speak on behalf of the owner. Mr. Jones explained that he belongs to a church which helps its embers when they are in financial difficulty. He stated that the house is currently in the foreclosure process and that he wants to do everything possible for the owners not to loose the house. The Church members will purchase the property from the owners below market value and then obtain an equity loan for the owners to repair the property. They will then lease the property to them with the intentions of selling them back the property when the owners are in a better financial situation. The Board members expressed their concerns and asked questions in regards to the transactions explained by Mr. Jones. The property owner understood Mr. Jones' intentions in regards to helping her, in the long run, keep the property. After further discussion, Mr. Patnick made a motion to approve the offer of $10,000.00 payable in 45 days or the lien reverts • back to the original amount of $63,265.00. Mr. Buenconsejo seconded the motion. Motion passed 6-0. • Ms. Francois submitted her application for relief at the hearing. Mr. Busta made a motion to hear Ms. Francois • Request For Relief application. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor. Case: 2003-04446, 2003-03865, 2000-0388 Owner: Elvita Francois Address: 53 NW 109 St. The property owner, Elvita Francois, and the mortgage agent, Rasheed Walton, were there to present the case. Ms. Francois was previously denied a $200.00 offer to release the lien. Mr. Francois made a new offer of $2,492.00 payable in 30 days. After a brief discussion, Mr. Buenconsejo made a motion to accept the offer of $2,492.00 payable in 30 days or the lien reverts back to the original amount of $24,920.00. Mr. Quiroga seconded the motion. Motion passed 5-1 (Mr. Vickers voted no). 5.E) NEXT MEETING The next meeting will be on December 2, 2004 6.F) ADJOURNMENT Mr. Quiroga made a motion for adjournment. Chairman Perl seconded the motion. Motion passed 6-0. The November 4, 2004 meeting of the Code Enforcement Board was adjourned at 8:30P.M. •