06-02-2005 Regular Meeting•
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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
June 2, 2005
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday June 2, 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
Manny Quiroga
Robert Vickers
John Busta (absent)
Rod Buenconsejo
John Patnik
Barry Asmus (absent)
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.
The Financial Disclosure Report from Miami Dade County was noted by
Chairman Perl and he asked each member to submit the report by July 1,
2005.
1. A) April 7, 2005 MINUTES:
Chairman Perl made a motion to approve the May 5, 2005 minutes with amended
corrections. Mr. Vickers seconded the motion. The vote was unanimous in favor.
2. B) FIRST HEARING
Case: 2005-05907
Owner: 7800 NE 2°d Ave LTD
Tenant: Hipolite Marcelin
Address: 9723 NE 2" Ave
Section: 12-211 (a)
11111 Violations: Unlawful occupancy.
Code Enforcement Board 1 06/02/05
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. Officer Flores
stated that Mr. Berg has issued a courtesy notice to evacuate the premises. Mr. Flores
testified that the tenant is operating Sunday service on in a B -1 District where the Code
requires churches to be in the CF zone. He also stated that the site is not Planning and
Zoning approved. Hipolite Marcelin (tenant) was there to present the case. Mr. Marcelin
agreed that the violation exist. He stated that he is conducting a christian education. Mr.
Sarafan suggested that Mr. Marcelin contact Reverend John Pierre for advice him on
locations for the church. After discussion from the Board, Mr. Quiroga moved for a
finding of fact and a conclusion of law that a violation exists according to Section 12-211
(a) of the Miami Shores Village Code. The violator shall correct the violation by July 6,
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 $50.00 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.
Buenconsejo seconded the motion. Motion passed 5-0.
Case: 2005-05878
Owner: Lyonel Noel & Anne Dornezza
Address: 43 NW 110 St
Section: 20-17; 520 (i)
Violation: Failure to Maintain Parkway.
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. Mr. Flores
explained that the property owner needed to sod or install a new driveway. Mr. Lyonel
Noel was there to present the case. Mr. Noel agreed that the violation exist. Mr. Noel
stated that he need's more time to finish sodding the parkway. After discussion from the
Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation
exists according to Section 20-17 and 520 (i) of the Miami Shores Village Code. The
violator shall correct the violation by July 6, 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 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. Vickers seconded the motion. Motion passed 5-0.
Case: 2005-06002
Owner: David Leira/Zoilita Real Estate Properties
Address: 805 NE 95 ST
• Section: 6-4
Violation: Unauthorized Construction/Alteration.
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The officer, Mike Orta, explained the nature of the violation and testified that the
violation still existed on the property. Pictures were submitted as evidence. Officer Orta
explained that the property has a shed not approved by the city and was installed without
a permit. Mr. David Leira (owner) was there was there to present the case. Mr. Leira
agreed that the violation exists. Mr.Leira stated when he purchased the property the shed
was already on the property. After discussion from the Board, Mr. Vickers moved for a
finding of fact and a conclusion of law that a violation exists according to Section 6-4 of
the Miami Shores Village Code. The violator shall correct the violation by August 3,
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 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.
Quiroga seconded the motion. Motion passed 5-0.
Summary Adjudication:
• Case's# 2004-05022, 05322, 05351, 05354, 05355, 2005-05569, 05610, 05622, 05643,
05686, 05688, 05704, 05716, 05724, 05733, 05734, 05757, 05761, 05768, 05804, 05807,
05865, 05870,05877, 05885, 05893, 05897, 05937, 05939, 05961, 05998, 06010, 06020.
Chairman Perl read each case and address into the record and asked if anyone else was
present. No one was present.
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Mr. Berg 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 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
Code Enforcement Board 3 06/02/05
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Mr. Quiroga made a motion to hear case# 2004-05351 to the end. Mr. Buenconsejo
seconded. Motion passed 5-0.
3. C) PENALTY HEARINGS
Case# 2005-05466
Owner: Yvan & Ketly Federic
Address: 9325 NW 2 CT
Mr. Yvan Frederic (owner) was there to present the case. Mr. Frederic stated that he is
waiting for the insurance company to issue the funds to replace the roof. Mr. Frederic is
requesting more time to clean and paint the roof. Mr. Quiroga made motion to continue
the case for next meeting on August 4, 2005. Mr. Vickers seconded. Motion passed 5-0.
Summary Adiudication:
Case's#:2004-05200, 05214, 05231, 05386, 05387, 2005-05438, 05531, 05597, 05647,
05650, 05689, 05690, 05765, 05805, 05809, 05815, 05936.
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 lien 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. Buencosenjo seconded
the motion. Motion passed 5-0.
4. D) REQUEST FOR RELIEF
Case# 2004-04786
• Owner: Christian and Jessica Best
Address186 NE 108 St
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The property owner, Jessica Best was there to present the case. The property owner
explained that she had complied with the violation, but she never knew that she had to
contact the officer. Mr. Sarafan explained that the property was in foreclosure, and stated
the Village was named as a defendant due to the liens on the property. He also testified
that the bank provided a check of $500.00 for partial payment of the fine. The property
owner made an offer of $50.00. Pictures were submitted to the board. After further
discussion Mrs. Best changed her offer to $300.00. Mr. Patnick made a motion to deny
the offer. Mr. Vickers seconded. Motion passed (5-0). Lien will remain $12,290.00.
Chairman Perl explained that the property owner could come back to another meeting
with a new offer and with proof of compliance.
Case# 2003-04743, 4741, 4742
Owner: Joseph and Ketly Telcine.
Address: 9426 NW 2°d Ave
The property owner, Ketly Telcine was there to present the cases. The property owners
previously made an offer of $1500.00 which was denied. Mr. Telcine presented a new
offer of $2000.00. Mr. Telcine stated that they have completed all the violations. The
property had several rooms for rental. After discussion from the board Mr. Vickers made
a motion to accept the offer of $2000.00. Mr. Buencosejo seconded. Motion failed (2-3).
Mr. Patnick, Chairman Perl and Mr. Quiroga voting no. Lien will remain $13,545.00.
Chairman Perl explained that the property owner could come back at another meeting
with a new offer.
Case# 8834, 8383
Owner: Luis Caso
Address: 27 NW 109 ST
The property owner Luis Caso was there to present his case. The property owner made
an offer of $100.00. Mr. Caso stated that the title company and the previous owners
never disclosed that there was open violation on the property. Chairman Perl stated that
it was the title company's responsibility to disclose the violation, and for the owners best
interest he should hire an attorney. After discussion Mr. Caso changed his offer to
$500.00. Mr. Patnick made a motion to deny the offer. Mr. Buencosejo seconded.
Motion passed (5-0). Chairman Perl explained that the property owner could come back
at another meeting with a new offer. Chairman Perl offered an alternative motion to
accept $24,750 to be paid within 90 days. Mr. Vickers seconded. Motion passed (5-0).
Case# 2000-01307, 01311, 2003-04540
Owner: Jacques Marie Salomon
Address: 425 NW 111 St
Code Enforcement Board 5 06/02/05
The property owner, Jacques Marie Salomon, was there to present the case. She was
previously before the Board and her offer was denied. The property owner made an offer
of $3000.00. After discussion from the Board, Mr. Quiroga made a motion to accept the
offer of $3,000.00 payable within 60 days or the lien will revert back to the original
amount of $70,020.00. Mr. Buencosejo seconded. Motion passed (3-2) Chairman Perl
and Mr. Patnick voting no.
Case: 2004-05351
Owner: Barry Asmus
Address: 515 NE 101 St
The officer, Anthony Flores, explained the nature of the violation and testified that the
violation still existed on the property. He had been working with the owner since
November 2004. Mr. Flores stated that he gave Mr. Asmus several extensions for the
carport and the screen enclosures. Pictures were submitted. The property owner, Barry
Asmus wasn't present. After discussion Mr. Quiroga made a motion to amend the
summary of adjudication 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. Vickers seconded the motion. Motion passed 5-0
5. E) NEXT MEETING
The next meeting will be on July 7, 2005
6. F) ADJOURNMENT
Mr. Quiroga made a motion for adjournment. Mr. Buenconsejo seconded the motion.
Motion passed 5-0. Meeting was adjourned at 8:30 PM
Emilia Palmer, Recording Secretary Barry Perl, Chairman
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