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12-02-2004 Regular Meeting• • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village December 2, 2004 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 2, 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 Barry Asmus 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) November 4, 2004 MINUTES: Mr. Quiroga made a motion to approve the November 4, 2004 minutes as amended. Mr. Vickers seconded the motion. The vote was unanimous in favor. 2. B) FIRST HEARING Case: 2004-05128 Owner: Rogelio and Sandy Sanchez Address: 38 NW 105 St. Violations: Section 12-128; Weather/water tight structures The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted to the Board as evidence. Ernest Fraga, the listing agent of the property, was there to speak on behalf of the owner. Mr. Fraga agreed that a violation existed and requested additional time for • the owner to repair the fascia board. The Board members discussed the nature of the violation. Staff recommended that the Board impose a higher fine since the property constantly in violation. 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. 12-128 of the Miami Shores Village Code. The violator shall correct the violation by December 31, 2004 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 $100.00 a day 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. Vickers seconded the motion. Motion passed 7-0. Case: 2004-05194 Owner: Nicholas and Linda Marian Address: 1065 NE 96 St. Violations: 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 property owner, Nicholas Marian, was there to present the case. Mr. Marian agreed that a violation existed in the property. He explained that they submitted a permit for the color but that the permit has not been approved. The Planning and Zoning Director, Al Berg, stated that the color they submitted will not be approved. The property owner would like to appeal Mr. Berg's decision in regards to the color. The Board members explained that they will give the owner until December 31, 2004 to come into compliance. If Mr. Marian needs additional time, he can contact Officer Flores to request a continuance. 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 Section Bldg. 6-4 of the Miami Shores Village Code. The violator shall correct the violation by December 31, 2004 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 $50.00 a day 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. Asmus seconded the motion. Motion passed 7-0. Case: 2004-05226 Owner: Robert Rodriguez and Sallie Marvil Address: 269 NE 99 St. Violations: 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. Officer Flores explained that no permits have been pulled for any of the work done on the property. He recommended that the Board impose a higher fine. No one was present to speak in regards to the case. After further discussion from the Board, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Section Bldg. 6-4 of the Miami Shores Village Code. The violator shall correct the violation in five calendar 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 $250.00 a day 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. Asmus seconded the motion. Motion passed 7-0. Summary Adjudication: Case's# 2004-05051, 5108, 5146, 5150, 5151, 5176, 5177, 5178, 5205, 5212, 5217, 5228. 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. 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, 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. Quiroga seconded the motion. Motion passed 7-0. 3.C) PENALTY HEARINGS Cases: 2004-04970 and 2004-04971 Owner: Ramon and Norma Efrece Address: 520 NE 107 St. The property owner, Ramon Efrece, was there to present the cases. The violations are in regards to a rear driveway that was extended without a permit, a walkway that was installed without a permit and deteriorated sod in the swale area. Mr. Efrece explained that he came to the Village to obtain a permit for the driveway and the walkway and they were denied. The walkway is bigger than the required 3 feet and the driveway extends to the setback. The swale area has also not been sodded. Mr. Efrece explained that he thought the contractor for the driveway had taken care of all the necessary permits. He also explained that the driveway is the same size as shown on the survey of the house. He only needs a permit for resurfacing the driveway. Mr. Efrece stated that he will allow the officer to come into the property to measure the driveway. Mr. Efrece needs to come in obtain a permit for the driveway and cut back the walkway so it • could be 3 feet wide. He also needs to add sod to the swale area unless he plans to pave. After a brief discussion Mr. Buenconsejo made a motion to continue the case until December 31, 2004. Mr. Vickers seconded the motion. Motion passed 7-0. Cases: 2004-04830 and 2004-04831 Owner: Henry Miranda Address: 429 NE 102 St. The property owner, Henry Miranda, was there to present the case. The violations are in regards to repairing a roof without a permit, installing kitchen cabinets without a permit, and having the exterior walls of the house and the masonry fence around the house dirty and stained. Mr. Miranda pulled all the necessary permits for the kitchen and obtained estimates for the roof. He is waiting for the roofer to contact him. Mr. Miranda also explained that he will paint the house and the fence but that he needs additional time. Staff recommends that the Board give him a continuance since Mr. Miranda has been working on the violations and has maintained contact with Officer Flores. After further discussion, Mr. Buenconsejo made a motion to continue the case until December 31, 2004. Mr. Quiroga seconded the motion. Motion passed 7-0. Summary Adjudication: Case's#:2004-05047, 5048, 5052, 5063, 5107, 5129, 5148, 5169. Mr. Quiroga 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 7-0. 4.D) REQUEST FOR RELIEF Case: 2000-01307, 1311, 2003-04540 Owner: Jacques and Marie Salomon Address: 425 NW 111 St. The property owner, Marie Salomon, was there to present his case. Mrs. Salomon's property had violations in regards to a tree stump in the property, the swale area being deteriorated and septic work being done without a permit. Officer Flores testified on behalf of Mrs. Salomon and explained that contractor got the money for the permit but never pulled a permit. Mrs. Salomon explained that she was out of town getting medical treatment and that is why she did not bring the property into compliance in a timely manner. After further discussion, Mr. Asmus denied the offer of $500.00 and the lien amount will remain at $70,020.00. Mr. Patnick seconded the motion. Motion passed 7-0. Case: 2002-02255 Owner: Delgis Reyna Address: 9413 N. Miami Ave. Attorney Eduardo Exposito is the owner and the president of Trans Atlantic Title. The company that did the lien search when the property was sold. Mr. Exposito was there to request a partial refund of the lien payment. Mr. Exposito explained that he hired an independent contractor, Professional Title examiners to do the lien search and they stated that there were no liens pending on the property. After further discussion, the Board members stated that it was Mr. Exposito's responsibility to make sure that the title search was done properly since he is the one who hired a subcontractor to do the work. After a brief discussion, Mr. Asmus made a motion to deny the partial refund of $16,315.00. The payment of the lien will remain at $21,315.00. Mr. Patnick seconded the motion. Motion passed 4-3. (Mr. Vickers, Mr. Quiroga, and Mr. Buenconsejo voted no). • Case: 8832 Owner: Guy J and Mia Laurent Address: 65 NW 106 St. • • The property owner, Mia Laurent, was there to present the case. Mrs. Laurent's property had violations in regards to deteriorated swale area. Mrs. Laurent admitted that it took a long time to bring the property into compliance. She was out of town for a long time due to a sick relative who died the same year the property was to come into compliance. Ms. Laurent was very apologetic of the violations. Staff recommends approval of the offer since the property never has a Code Enforcement problem. After a brief discussion, Mr. Vickers made a motion to accept the offer of $348.60 payable in 14 days or the lien reverts back to the original amount of $2,905.00. Mr. Quiroga seconded the motion. Motion passed 6-1. (Mr. Asmus voted no). Case: 2002-02935, 2003-03106 Owner: Armand Yvel Address: 138 NW 106 St. Both cases should have been closed at an earlier date. The reduced fine for both cases is $48,230.00. The property owner, Armand Yvel, was there to present the case. Mr. Yvel admitted that violations existed on the property and that he took a long time before bringing the property into compliance. The violations were all in regards to unauthorized construction and alteration. Mr. Yvel explained that he applied for the permits on time but they took a long time to get approved and he was confused in regards to some of the details in the notices. Evidence in the file showed that the officer had contact with the property in regards to the notices. After a brief discussion, Mr. Asmus made a motion to deny the offer of $2,761.00. The lien will remain at $48,230.00. Mr. Patnick seconded the motion. Motion passed 7-0. 5.E) NEXT MEETING The next meeting will be on February 3, 2005 6.F) ADJOURNMENT Mr. Patnick made a motion for adjournment. Mr. Asmus seconded the motion. Motion passed 7- 0. The December 2, 2004 meeting of the Code Enforcement Board was adjourned at 8:30P.M. • Irene M. Fajardo, Recording Secretary • • Mr. Barry Perl, Chairman