04-07-2005 Regular Meeting•
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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
April 7, 2005
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday April 7, 2005, at the Miami Shores Village Hall. The meeting was called to
order at 6:00 p.m. by Chairman Robert Vickers.
PRESENT:
Robert Vickers
John Busta
Rod Buenconsejo
John Patnick
Barry Asmus
ABSENT: Manny Quiroga
Barry Perl, Chairman
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
Emilia S Palmer, Administrative Assistant
All persons testifying were sworn in at this time.
1. A) March 3, 2005 MINUTES:
Mr. Asmus made a motion to approve the March 3, 2005 minutes with amended
corrections. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor.
2. B) FIRST HEARING
Case: 2004-05430
Owner: Anita Pena
Address: 29 NW 99 St.
Section: 518(a)/518(b);
Violations: Hedges/Fence higher than allowed/Unlawful materials.
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. Mrs. Anita
Pena and Mr. Williams Wells were there to present the case. Mrs. Pena doesn't agree
with the violation. Mr. Wells made a motion that the Village Attorney is serving as a
Prosecutor and as Counsel to the Board. Mr. Wells referenced the statute and stated that
Mr. Sarafan is prohibited from serving as Counsel and as Prosecutor to the Board. Mr.
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Sarafan advised that Officer Flores and not Mr. Sarafan was prosecuting. After
discussion from the Board, Mr. Asmus acknowledged that Mr. Sarafan does not
prosecute code cases and moved to deny the motion. Mr. Busta seconded the motion.
Motion passed 5-0.
Mr. Flores presented Mr. Keenan Bain, a witness and owner of 19 NW 99 St. Mr. Bain
testified that these hedges are about 11 to 12 feet high, and this problem has been going
on for the past two years. He also stated that in the past he used to trim Mr. Wells
hedges. Mr. Wells submitted documents to the Board. Mr. Wells made a motion to
dismiss the case. After further discussion from the Board, Mr. Asmus moved to deny the
motion. Mr. Patnick seconded the motion. Motion passed 5-0. Mr. Asmus moved for a
finding of fact and a conclusion of law that a violation exists according to Section
518(a)1518(b) of the Miami Shores Village Code. The violator shall correct the violation
by May 4, 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 per a day thereafter. This will constitute
a lien on the property of the violator. Costs in the amount of $15.00 per violation were
assessed to recoup the Village's expenses in prosecuting the violations to date. Mr.
Patnick seconded the motion. Motion passed 5-0.
Case: 2005-05627
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 12-108
Violation: Insect and Rodent Harborage
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. He
explained that the owner have a pond which is causing a habitat of mosquito's and other
insect. Mrs. Pena agrees with violation. Mr. Wells stated that violation should be
corrected within two weeks. Mr. Asmus moved for a finding of fact and a conclusion of
law that a violation exists according to Section 12-108 of the Miami Shores Village
Code. The violator shall correct the violation by May 4, 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 per violation 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 5-0.
Case: 2005-05628
Owner: Anita Pena
Address: 29 NW 99 ST
• Section: 9-2 (b) (c) /9-5 and 501 (k) 10-1
Violation: Improper Treatment of Refuse/ Unauthorized storage of materials
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The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Mrs. Pena agrees with the violation. Mr. Wells
stated that violation should be corrected within 30 days. Mr. Asmus moved for a finding
of fact and a conclusion of law that a violation exists according to Section 9-2 (b) (c)/9-5,
Section 501 (k), and Section 10-1 of the Miami Shores Village Code. The violator shall
correct the violation by
May 4, 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 per violation 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 5-0.
Case: 2005-05665
Owner: Anita Pena
Address: 29 NW 99 ST
Section: 13-1 and 501 (k)
Violation: Inoperable vehicle on premises/ Junk car on premises
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Mrs. Pena agrees with violation. Mr. Wells stated
that violation should be corrected within 30 days. Mr. Asmus moved for a finding of fact
and a conclusion of law that a violation exists according to Section 13-1 and 501 (k) of
the Miami Shores Village Code. The violator shall correct the violation by May 4, 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 per violation 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 the Village's expenses in prosecuting the violations to
date. Mr. Buenconsejo seconded the motion. Motion passed 5-0.
Case: 2005-05853
Owner: Odette Renaud.
Address: 348 NW 111 Terr
Section: 12-105; 10-9
Violations: Sewage Disposal
• 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. Mr. Flores
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stated that he received several complaints from neighbors about sewage spilling out to
neighbors' yard. He explained that he gives them extensions and nothing was done. He
testified that he spoke to Mr. Berg and decided to consider this an emergency hearing,
because sewage was flowing onto the ground. Mr. Flores also, had contact the
Department of Health. Mr. Flores presented Mr. Carl Commissiong a witness and owner
of 338 NW 111 Terrace. Mr. Commissiong stated that this problem been going for about
2-3 months. He also stated that he can't go to his back yard due to the odor of the
spilling sewage. He recommended that this matter needs to be corrected as soon as
possible. Peggy Renaud (daughter) was there to represent Mrs. Odette Renaud. She
stated that she agreed with the violation and explained that a plumbing contractor was
hired. When he came to obtain a permit he didn't have a license to perform drainfill
work. After further discussion, Mr. Asmus moved for a finding of fact and a conclusion
of law that a violation exists according to Section 12-105 and Section 10-9 of the Miami
Shores Village Code. The violator shall pump out the septic tank within 24 hours and
drainfill within 14 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 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 4-1. (Mr. Patnick voted no).
Case: 2004-05312
Owner: US Tech & Science Re Corp.
Address: 210 NE 102 St
Section Bldg. 12-133
Violations: Unsightly fascia, Soffit, house exterior.
The officer, Anthony Flores, explained the nature of the violations and testified that the
violations still existed on the property. Mr. Flores stated that the property owner needed
more time to pressure wash the roof. Mr. Mathias Burlett was present to request an
extension. Mr. Asmus 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 May 4, 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
5-0.
Case#: 2004-05392
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Owner: Archille Gervais
Address: 122 NW 110 St
Section: 520 (h) (i)
Violation: Deteriorated Driveways and Approaches.
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. Gervais was there to present the case. Mr. Gervais stated that he doesn't agree with
violation, and explained that he doesn't need to install a new driveway. Mr. Asmus
moved for a finding of fact and a conclusion of law that a violation exists according to
Section 520 (h)(i) of the Miami Shores Village Code. The violator shall correct the
violation by 90 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 per violation 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
4-1. (Mr. Patnick voted no)
Case #: 2004-05394
• Owner: Archille Gervais
Address: 122 NW 110 St
Section: 12-82
Violation: Nondwelling structures & fences
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. Flores stated that the rear side of property is deteriorated and concrete slabs need
repair. Mr. Flores told the owner to obtain a permit to repair concrete slabs. Mr. Gervais
was there to present the case. He stated that he agrees with violation. After discussion
from the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that a
violation exists according to Section 12-82 of the Miami Shores Village Code. The
violator shall correct the violation by May 4, 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
per violation 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 5-0.
Case #: 2004-05784
• Owner: Archille Gervais
119 NW 110 St
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• Code: Bldg. 14-17
Violation: Occupational License.
The officer, Anthony Flores, explained the nature of the violations and testified that the
violations still existed on the property. He stated that Mr. Gervais needed to obtain an
occupational license. Mr. Gervais was there to present the case. He stated that he didn't
know that his occupational license was expired. Mr. Vickers stated that all occupational
license need to be renewed every September. After further discussion, Mr. Asmus moved
for a finding of fact and a conclusion of law that a violation exists according to Section
14-17 of the Miami Shores Village Code. The violator shall correct the violation by 7
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 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 5-0.
Summary Adjudication:
Case's# 2004-05231, 05435, 05443, 05451, 05452, 05560, 05562, 05648, 05649, 05112,
05513, 05214, 05224, 05290, 05290, 05292, 05386, 05387, 05430, 05472, 05779, 05786.
• Chairman Vickers read each case and address into the record and asked if anyone else
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was present. No one was present.
The Mr. Berg testified that Affidavits of Non -Compliance and evidence of violation
existed in each of the files.
Mr. Asmus 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 lien 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
to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo
seconded the motion. Motion passed 5-0
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3.C) PENALTY HEARINGS
Summary Adjudication:
Case's#:2004-05176, 05177, 05204, 05234, 05256, 05406, 05442, 05468, 05481, 05497,
05502, 05516.
Mr. Asmus 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 lien on the
property of the violator. Further, with respect to each case, costs in the amounts specified
in Staffs 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 5-0.
4.D) REQUEST FOR RELIEF
Case: 2000-01185
Owner: Mernier Sainvil
Address: 126 NW 107th ST.
The property owner, Mernier Sainvil, was there to present his case. Mr. Mernier was
previously denied a $100.00 offer to release the lien. Mr. Mernier made a new offer of
$4000.00. After brief discussion, Mr. Buenconsejo made a motion to accept the offer
of $4000.00 to be paid within 14 days or it will reverse to original amount. Mr.
Vickers seconded the motion. Motion passed 3-2. (Mr. Asmus, Mr. Patnick voting no)
Case: 2894
Owner: Andre and Suze Dormus
Address: 101 NW 106 St.
The property owner, Mrs. Suze Dormus and Mr. Andre Dormus were there to present the
case. Mrs. Dormus made an offer of $200.00 to release the lien. Mrs. Dormus stated that
the title company notified them about a lien that was placed on one of their property, and
she disclosed that the money was placed into an escrow account. She also stated that
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after Hurricane Andrew the insurance company delayed in processing their application.
After a brief discussion, Mr. Asmus made a motion to deny the offer of $200.00. Mr.
Busta seconded the motion. Motion passed 5-0. Chairman Vickers explained that the
property owner could come back at another meeting with a new offer.
Case: 2004-04692
Owner: Jewel Daulphin
Address: 52 NW 111 ST
The property owner, Jewel Daulphin was there to present the case. Mrs. Daulphin made
an offer of 15% (226.50) to release the lien. Mrs. Daulphin stated that she applied for a
permit before the lien was placed on her property. After a brief discussion, Mr.
Buenconsejo made a motion to accept the offer of $226.50 to be paid within 5 days
or it will reverse to original amount. Mr. Patnick seconded the motion. Motion passed
4-1. Mr. Asmus voted no.
5. E) NEXT MEETING
The next meeting will be on May 5, 2005
6. F) ADJOURNMENT
Mr. Busta made a motion for adjournment. Mr. Quiroga seconded the motion. Motion
passed 5-0. Meeting was adjourned at 10:00 PM
Emilia Palmer, Recording Secretary Barry Perl, Chairman
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