08-04-2005 Regular Meeting•
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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
August 4, 2005
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday August 4, 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
Rod Buenconsejo (absent)
John Patnik
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
Emilia S Palmer, Administrative Assistant
All persons testifying were sworn in at this time.
1. A) July 7, 2005 MINUTES:
Mr. Quiroga made a motion to approve the July 7, 2005 minutes with corrections. Mr.
Asmus seconded the motion. The vote was unanimous in favor.
2. B) FIRST HEARING
Case: 2005-06114
Owner: Michael & Sophia Vega
Address: 31 NW 92 St
Section: 20-17; 520 (i)
Violations: Failure to maintain parkway
Officer 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 deteriorated swale. Mrs. Sophia Vega (owner) and Mr. Rice Rechel
were present. The property owner doesn't agree that violation exists. Mr. Rechel testified
that he met with a contractor to install a new driveway. After discussion from the Board,
Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists
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• according to Section 20-17; 520 (i) of the Miami Shores Village Code. The violator shall
correct the violation by October 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 $50.00 per a day
thereafter. This will constitute a lien on the property of the violator. Costs in the amount
of $50.00 per violation were assessed to recoup the Village's expenses in prosecuting the
violations to date. Mr. Vickers seconded the motion. Motion passed 6-0.
Summary Adjudication: First Hearings
Case' s# 2005-05860, 06061,06062,06083,06097, 06098, 06140, 06145, 06150, 06162,
06164, 06168, 06177, 06185.
Chairman Perl read each case and address into the record and asked if anyone else was
present. No one was present.
Mr. Berg 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 amount
of $50.00 daily specified in staffs 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 $50.00
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. Quiroga
seconded the motion. Motion passed 6-0
3. C) PENALTY HEARINGS
Case# 2004-05322
Owner: Eric & Jonina Pitchman
Address: 104 NE 100 St
Eric & Jonina Pitchman were there to present the case. Mr. Pitchman stated that ficus
trees don't allowed grass to grow on the swale. Mr. Pitchman doesn't agree that he has to
sod the swale area. Mr. Pitchman stated that he had the impression the city will replace
the asphalt on his driveway since the city have funds with the county to replace
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sidewalks. After discussion from the Board, Mr. Vickers made motion to continue the
case to September 1, 2005. Mr. Busta seconded. Motion passed 5-1. (Mr. Quiroga voted
no).
Case# 2005-05466
Owner: Yvan & Ketly Frederic
Address: 9325 NW 2 Ct
Mr. Yvan Frederick was present. Mr. Frederic stated that he corrected the violation.
After discussion from the Board, Mr. Quiroga made a motion to impose the penalty in 24
hours to be $50.00 per day and $50.00 administrative fee. Motion failed 2-4 (Mr. Busta,
Mr. Patnik, Mr. Asmus, and Mr. Perl voting no). Mr. Asmus made a motion to extend
the compliance to 48 hours, and that Officer Orta meet with Mr. Frederic for an
inspection of the roof. Mr. Busta seconded. Motion passed 5-1. (Mr. Quiroga voted no).
Case# 2204-05392
Owner: Archille & Marlande Gervais
Address: 122 NW 110 St
Mr. Archille Gervais there to present the case. Officer Flores stated that the violation still
existed on the property. Pictures were submitted as evidence. The board previously
granted a 90 days extension. After discussion from the Board, Mr. Busta made a motion
to impose the fine previously adjudicated. Mr. Vickers seconded. Motion passed 6-0.
Case# 2005-05804
Owner: David Marrero & Michelle Perpetuo
Address: 142 NW 99 ST
Officer Orta stated that the violation still existed on the property. Pictures were
submitted for evidence. Mrs. Michelle Perpetuo was present. Mrs. Perpetuo stated that
she applied for a permit to pave. After discussion form the Board, Mr. Asmus made a
motion to extend the compliance date until August 31, 2005. Mr. Vickers seconded.
Motion passed 5-1. Mr. Quiroga voted no.
Case#: 2005-05980
Owner: Wayne T. White
Address: 339 NE 96 St
Officer Flores stated that the violation still existed on the property. Pictures were
submitted for evidence. Mr. Wayne T. White was there to present the case. Mr. White
testified that he had estimates to replace the roof. After discussion from the Board, Mr.
Vickers made a motion to extend the compliance date until October 5, 2005. Mr. Asmus
seconded. Motion passed 6-0.
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Case#: 2005-05981
Owner: Wayne T. White
Address: 339 NE 96 St
Officer Flores stated that the violation still existed on the property. Pictures were
submitted for evidence. Mr. Wayne T. White was there to present the case. Mr. White
testified that he will remove all the items in one week. After discussion from the Board,
Mr. Vickers made a motion to extend the compliance date until August 11, 2005. Mr.
Asmus seconded. Motion passed 6-0.
Case#: 2005-05982
Owner: Wayne T. White
Address: 339 NE 96 St
Mr. Anthony Flores stated that the violation still existed on the property. Pictures were
submitted for evidence. Mr. Wayne T. White was there to present the case. Mr. White
testified that he will remove vehicles in one week. After discussion from the Board, Mr.
Vickers made a motion to extend the compliance date until August 11, 2005. Mr.
Quiroga seconded. Motion passed 6-0.
Case# 2005-06080
Owner: Shores Landings Llc.
Ruben Matz
Address: 9710 NE 2 Ave
Officer Flores stated that the violation still existed on the property. Pictures were
submitted for evidence. Mr. Ruben Matz was there to present case. Mr. Matz stated that
he needed more time. He also testified that he applied for permit for demolition. After
discussion from the Board, Mr. Busta made a motion to extend the compliance date until
September 1, 2005. Mr. Vickers seconded. Motion passed 5-1. (Mr. Asmus voted no).
Case# 2005-06080
Owner: Shores Landings Llc.
Ruben Matz
Address: 9710 NE 2 Ave
Officer Flores stated that the violation still existed on the property. Pictures were
submitted for evidence. Mr. Ruben Matz was there to present case. Mr. Matz stated that
he needed more time. He also stated that he applied for a permit to seal and re -stripe the
parking. Mr. Busta made a motion to extend the compliance date until to September 1,
2005. Mr. Vickers seconded. Motion passed 5-1. (Mr. Asmus voted no).
Summary Adjudication: Penalty Hearings
Case's#:2005-05632
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Chairman Perl read each case and address into the record and asked if anyone else was
present. No one was present.
Mr. Berg testified that Affidavits of Non -Compliance and evidence of violation existed in
each of the files.
Mr. Busta moved for a summary adjudication that, in each case currently remaining on
the penalty docket for tonight's' hearing, each respective violator be order to pay the
daily fine previously adjudicated and authorized to be imposed against them by prior
order of the Board, to the date specified in the Enforcement Order was to have been
corrected and that upon recording, the Board's Order in this regard will constitute a lien
on the property of the violator. Mr. Quiroga seconded the motion. Motion passed
6-0.
4. D) REQUEST FOR RELIEF
Case# 2005-05647
Owner: Carolee Shepard
Address: 276 NE 105 St
The property owner, Carolee Shepard was there to present the case. Mrs. Shepard stated
that when she purchase the house she immediately have to get hurricane proof windows
due the deterioration of the windows. Mrs. Shepard made an offer of $333.00. She also
stated that she applied for the windows permit. After discussion from the Board, Mr.
Vickers made a motion to accept the offer of $333.00 to be payable in five days. Mr.
Busta seconded. Motion passed 6-0.
Case#: 2003-04452
Owner: Gloria Pales
Address: 9055 NE 2 Ave
Gloria Pales was there to present the case. Ms. Pales stated that due to legal matters she
couldn't correct the violation on time. Ms. Pales made an offer of $2000.00. Ms. Pales
agreed that the property need major repair. After discussion from the Board, Mr. Patnick
made a motion to accept the offer of $2000.00 to be payable in 10 days. Mr. Vickers
seconded. Motion passed 4-2. (Mr. Asmus and Mr. Perl voting no).
Case# 2005-05897
Owner: George Fishman
Address: 103 NE 99 St
George & Nancy Fishman were there to present the case. Mr. Fishman stated that he
corrected the violation, but due to the bad weather that contractor delayed in completing
the work. Mr. Fishman made an offer of $25.00. After discussion from the Board, Mr.
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• Fishman changed his offer to $50.00. Mr. Quiroga made a motion to accept the offer of
$50.00 to be payable in 10 days. Mr. Vickers seconded. Motion passed 6-0
Case# 2005-05686
Owner: Paul & Carole Larkin
Address: 350 NE 102 ST
Donald Lohnes Sr was there to represent the property owner. Mr. Lohnes stated that the
property owner was out of the country. He also stated that due to the weather he delayed
on completing the work. Mr. Lohnes made an offer of $75.00. After discussion from the
Board, Mr. Vickers made a motion to accept the offer to be payable in 48 hours. Mr.
Busta seconded. Motion passed 6-0.
Case# 2894, 2895
Owner: Andre & Suze Dormus
Address: 101 NW 106 ST
Andre & Suze Dormus (owner) were there to request a refund. The title company had
submitted the total payoff of $10,250.00. The property owners requested a refund of
$8,250.00 and they made an offer of $2000.00. After discussion from the Board, Mr.
Vickers made a motion to reject the offer of $2,000.00, and suggested to authorize the
Village Manager to refund $3,413.00. Mr. Quiroga seconded. Motion passed 5-1. (Mr.
Asmus voted no).
Case#: 2004-04743, 04741, 04742
Owner: Marie Telcine
Address: 9426 NW 2 Ave
The property owner, Joseph & Marie Telcine, was there to present the cases. The
property owners previously made an offer of $3,000.00 which was denied. Mr. Telcine
was there to present a new offer of $4,000.00. Mr. Sarafan stated that the property is not
Homestead protected. Mr. Telcine stated that they have corrected all the violations. After
discussion from the Board, Mr. Asmus made a motion to deny the offer of $4,000.00. Mr.
Patnick seconded. Motion passed (4-2). Lien will remain $13,545.00. Chairman Perl
explained that the property owner could come back at another meeting with a new offer.
6. E) NEW BUSINESS
He disclosed the Code Enforcement Board and staff members including him were named
as Defendant in a Federal lawsuit filed by Aisha Goodison.
He stated that the 440 NE 105 St/Denise Gharianni, declared Homestead, and that she
planned to correct the violations.
7. F) NEXT MEETING
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The next meeting will be on September 1, 2005
8. G) ADJOURNMENT
Mr. Asmus made a motion for adjournment. Mr. Quiroga seconded the motion. Motion
passed 6-0. Meeting was adjourned at 9:15 PM
Emilia Palmer, Recording Secretary Barry Perl, Chairman
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