03-03-2005 Regular Meeting•
MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
March 3, 2005
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday March 3, 2005, 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.
Emilia S Palmer, Training
All persons testifying were sworn in at this time.
1. A) February 6, 2004 MINUTES:
Mr. Asmus made a motion to approve the January 6, 2005 minutes with amended
corrections. Mr. Busta seconded the motion. The vote was unanimous in favor.
2. B) FIRST HEARING
Case: 2004-05017
Owner: David Wright &W Mary Ellen Ahearn
Address: 299 NE 99 St.
Section 12-133;
Violations: Unsightly Fascia, Soffit, house exterior
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. He briefly explained that he gave three months to
complete the painting on the property. He also stated that the permit has expired. The
property owner, Mr. Wright was there to present the case. Mr. Wright explained that
due to medical issues he couldn't come into compliance and stated that he will have it
done in 30 days. He also stated that he renewed the permit. After further discussion from
Code Enforcement Board 1 03/03/05
•
•
the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a
violation exists according to Section 12-133 of the Miami Shores Village Code. The
violator shall correct the violation by April 6th, 2005 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 thereafter. 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
7-0.
Case: 2004-05187
Owner: Sidney Reese Jr.
Address: 9655 Biscayne Boulevard
Violations: Unsightly fascia, soffit, house exterior
Section. Bldg. 12-333
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted for evidence.
Chairman Perl disclosed that he visited the property. Mr. Asmus, Mr. Vickers, Mr. Busta,
and Mr. Quiroga also visited the property. Mr. Patnick and Mr. Buenconsejo did not visit
the property. Mr. Reese was there to present the case. Mr. Reese stated that he does not
agree with violation and Code Section. He submitted pictures to the Board. Mr. Busta
testified that copper filling were made to look or make the tile looked aged or dark. Mr.
Perl stated that he observed some mildew on the roof. After further discussion, Mr.
Vickers moved for a finding of fact and a conclusion of law that a violation exists
according to Section 12-133 of the Miami Shores Village Code. The violator shall
correct the violation by April 6th, 2005 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
thereafter. 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. Chairman Perl seconded the motion.
Motion passed 6-0. (Mr. Busta Voted no).
Case: 2005-05449
Owner: Anthony P and Heather K Zibelli.
Address: 400 N.E 102 St
Section Bldg. 10-10
Violations: vegetation on public ways.
• The officer, Anthony Flores, explained the nature of the violations and testified that the
violations still existed on the property. Mr. Flores stated that no new vegetation was
Code Enforcement Board 2 03/03/05
•
•
•
allowed to be planted in the right way. This was due to previous accident that occurred
when a garbage truck backed over a worker because he could not see him. Mr. Zibelli
was there to present the case. Mr. Zibelli stated that he doesn't agree with the violation.
He agreed to maintain the hedges. He submitted pictures showing other houses with
hedges overgrown. Mr. Zarafan read the violation on Section 10-10. The Board Members
stated that the hedges were planted in the right of way past the property line. Owner
stated that he is not clear on that line. Mr. Buenconsejo moved for a finding of fact and a
conclusion of law that a violation exists according to Section 10-10 of the Miami Shores
Village Code. The violator shall correct the violation by April 6th, 2005 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 thereafter. 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. Perl seconded the motion.
Motion passed 4-3. (Mr. Busta, Mr. Quiroga and Mr. Perl Voting no).
Case# : 2004-05430
Owner: Anita Pena
29 NW 99 St
Miami Shores
Section: 518 (a)/ 518(b)
Violation: Hedge/Fence higher than allowed/Unlawful materials.
Mr. Williams Wells was there to represent Mrs. Pena and to present the case. He stated
that he needed more time and requested public records for all personnel files and police
officers. Mr. Orta explained the nature of the violations and testified that the violations
still existed on the property. After further discussion, Mr. Busta made a motion to
continue the case until April 7, 2005. Mr. Patnick seconded the motion. Motion passed
4-3. (Mr. Buenconsejo, Mr. Quiroga and Mr. Vickers voting no).
Case # : 2005-05442
Owner: Manuel and Melynda Hadad
Address: 104 NW 110 St
Section: 518 (a)/518(b)
Violations: Hedges/Fence higher than allowed/Unlawful material
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.
Mr. Anthony stated that slats are prohibited by the Village Code. Mr. Hadad was there to
present the case. He stated that he doesn't agree with violation and explained that those
are not slats, they are fence coverings. He also stated that he obtained a permit that passed
with no problem with the slats on the fence. Mr. Flores stated that the Building
Department does not enforce the slats in fences. The permit did not include slats as part
of a fence. Mr. Vickers moved for a finding of fact and a conclusion of law that a
violation exists according to Section 518 (a)/518 (b) of the Miami Shores Village Code.
Code Enforcement Board 3 03/03/05
•
The violator shall correct the violation by April 6th, 2005 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 thereafter. 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 #: 2004-05239
Juana D Mendez
167 NW 103 St
Code: Bldg. 12-128
Violation: Weather/ water tight structures.
The officer, Anthony Flores, explained the nature of the violations and testified that the
violations still existed on the property. He explained that the insurance company just
granted a settlement to the owner for the repair of the roof, and that Mrs. Mendez has
applied for a permit which is ready for pick up. After further discussion Mr. Quiroga
made a motion to continue the case until April 7, 2005. Mr. Buenconsejo seconded the
motion. Motion passed 7-0
Summary Adjudication:
Case's# 2004-5234, 5255, 5256, 5434, 5437, 2005-05468, 05481, 05494, 05497, 05502,
05505, 05516
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 amount
of $50.00 daily 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 amount of $15.00
specified in staff's recommendations for tonight's hearings are hereby assessed in order
Code Enforcement Board 4 03/03/05
1
•
to recoup the Village's expenses in prosecuting the violations to date. Mr. Vickers
seconded the motion. Motion passed 7-0
3.C) PENALTY HEARINGS
Cases: 2004-05104
Owner: Max Sturman
Address: 107 NE 96 ST
The property owner, Max Sturman, was there to present his case. Mr. Sturman is
requesting a continuance to appeal. He hasn't filed an application to appeal the paint
denial with the Planning & Zoning Board. He explained that he submitted new color
paint application to Mr. Berg, and that after two weeks his application was denied. He
stated that he does not believe that the lime paint streaks on his house and depreciate the
property. After a brief discussion, Mr. Quiroga made a motion to continue the case for
April 7, 2005. Mr. Asmus seconded the motion. Motion passed 7-0.
Summary Adjudication:
Case's#:2004-04830, 4831, 5071, 5279, 5280, 5281, 5294, 5295, 5296, 5310, 5405,
5444.
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 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 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 7-0.
4.D) REQUEST FOR RELIEF
Case: 2004-04993
Owner: Terry Granot
Address: 456 NE 102 St.
Code Enforcement Board 5 03/03/05
•
•
•
The property owner was, Terry Granot, was there to present the case. Mrs. Granot was
there to get a partial refund of $2,666.00 of the total amount that she paid ($3,030.00).
Mrs. Granot got denied full refund last month. She explained that she never received
any documents regarding any violations. She also stated that she never lived on the
property. After further discussion, Mr. Asmus moved to deny the offer. Mr. Vickers
seconded the motion. Motion passed 7-0. Chairman Perl explained that the property
owner could come back at another meeting with a new offer.
Case: 2000-01185
Owner: Mernier Sainvil
Address: 126 NW 107th ST.
The property owner, Mernier Sainvil, was there to present his case. Mr. Mernier
explained that he had come into compliance on February 18, 2005. He stated that he
discover about the lien when he went to refinanced the property. Mr. Sainvil is proposing
to pay $1,000.00. After further discussion, Mr. Asmus made a motion to deny the
proposed offer. Mr. Patnick seconded the motion. Motion passed 7-0. Chairman Perl
explained that the property owner could come back at another meeting with a new offer.
Cases: 2000-01307,1311, 2003-04540
Owner: Jacques Marie Salomon
Address: 425 NW 111 St.
The property owner, Marie Solomon, was there to present the case. Ms. Salomon was
there to propose a payment of $1,500.00. Ms. Salomon offered of $1000.00 got denied
last month. She explained that she was very ill and could not bring the property into
compliance in a timely manner. After a brief discussion, Mr. Asmus made a motion to
deny the offer of $1,500.00. Mr. Patnick seconded the motion. Motion passed 7-0.
Chairman Perl explained that the property owner could come back at another meeting
with a new offer.
5. E) NEXT MEETING
The next meeting will be on April 7, 2005
6. F) ADJOURNMENT
Mr. Busta made a motion for adjournment. Mr. Quiroga seconded the motion. Motion
passed 7-0.
Emilia Palmer, Recording Secretary Barry Perl , Chairman
Code Enforcement Board 6 03/03/05