09-01-2005 Regular Meeting•
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MINUTES
CODE ENFORCEMENT BOARD REGULAR MEETING
Miami Shores Village
September 1, 2005
The regular meeting of the Miami Shores Village Code Enforcement Board was held on
Thursday September 1, 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 (arrived at 6:10 P.M)
John Busta
Rod Buenconsejo
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
ABSENT: Robert Vickers
All persons testifying were sworn in at this time.
1. A) AUGUST 4, 2005 MINUTES:
Mr. Quiroga made a motion to approve the August 4, 2005 minutes with corrections. Mr.
Buenconsejo seconded the motion. The vote was unanimous in favor.
2. B) FIRST HEARING
Case: 2005-06230
Owner: Carl Abernathy
Address: 1140 NE 98 St
Section: 518(a)/518(b)
Violations: Hedge/Fence higher
Officer 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 the height of hedges
in the front of the property is exceeding 3 'h ft. Mr. Carl Abernathy was present and he agreed
that a violation exists. Mr. Abernathy stated that he wants to keep the hedges and that he will
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seek a variance. He was given an application. After discussion from the Board, Mr. Quiroga
moved for findings of fact and conclusion of law that a violation exists according to Section 518
(a) (b) of the Miami Shores Village Code. The violator shall correct the violation by October 5,
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 6-0.
Case: 2005-06199
Owner: Theo Guilfoy & John Ratlif
Address: 9825 NE 4 Ave Rd
Section: 518 (a) 518(b)
Hedge/ Fence higher than allowed/ Unlawful Material
Officer Flores explained the nature of the violation and testified that the violation still existed on
the property. Pictures were submitted as evidence. Officer Flores explained that the property has
lattice material on the wall along the alleyway. Mr. Theo Guilof was there to present the case.
The property owner agreed that a violation exists. Mr. Guilfoy stated that the reason that he has
the lattice material is because his dog jumped over the fence. Officer Flores stated that the only
acceptable material is hedges. After discussion from the Board, Mr. Quiroga moved for findings
of fact and conclusion of law that a violation exists according to Section 518 (a) 518 (b) of the
Miami Shores Village Code. The violator shall correct the violation by October 5, 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 6-0.
Summary Adjudication: First Hearings
Case's# 2005-
411 6036,06099,06100,06111,06117,06137,06138,06165,06166,06200,06201,06205,06209,
• 06211,06217,06218,06223,06225,06232,06238,06239.
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 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 $15.00
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 6-0
3. C) PENALTY HEARINGS
Summary Adjudication: Penalty Hearings
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Case's#:2005-05994,06061,06062,06097,06098,06140,06150,06162,06164,06177,06185
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. 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: Wanda Collier
Address: 98 NW 98 St
The property owner, Wanda Collier, was there to present the case. Mrs. Collier previously made
an offer of $500.00 which was denied. Mrs. Collier was there to present a new offer of
$1,000.00. After a brief discussion from the Board, Mr. Busta made a motion to accept the offer
of $1,000.00 to be payable in 60 days. Mr. Buenconsejo seconded. Motion failed (3-3). (Mr.
Asmus, Mr. Patnick, Mr. Quiroga voting no). Lien will remain at $11,025.00. Chairman Perl
explained that the property owner could come back at another meeting with a new offer.
Case#: 2000-01941, 1081, 3319, 6162, 6163, 6147
Owner: Jean & Elvia Romelus
Address: 201 NW 91 St
The property owner, Elvia Romelus, was there to present the case. Mrs. Romelus made an offer
of $1,000.00. After discussion from the Board, Mr. Asmus made a motion to deny the offer of
$1,000.00. Mr. Quiroga seconded. Motion passed 6-0. Lien will remain at $35,967.65. Chairman
Perl explained that the property owner could come back at another meeting with a new offer.
Case# 2004-05040
Owner: Vincent Levros
Address: 117 NW 103 ST
The property owner, Vincent Levros was there to present the case. Mr. Levros stated that he
• never received any notices from the Village. He also testified that the vehicles were removed
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from the property. Mr. Levros made an offer of $500.00. Mr. Quiroga interpreted for Mr.
Gregory's testimony he did not speak English. After discussion from the Board, Mr. Asmus
made a motion to deny the offer of $500.00. Mr. Patnick seconded. Motion passed 6-0. Lien will
remain $7,015.00. Chairman Perl explained that the property owner could come back at another
meeting with a new offer.
Case#: 2005-05204
Owner: Carlos Sottil
Address: 374 NE 95 ST
Richard Golden, attorney, was there representing Mr. Carlos Sottil (owner). The property owner
previously made an offer of $250.00 which was denied. Mr. Golden was there to present a new
offer of $400.00. He stated that the property owner relocated to Mexico. After discussion from
the Board, Mr. Buenconsejo made a motion to accept the offer of $400.00 to be payable in 10
days. Mr. Busta seconded. Motion failed 3-3. Mr. Asmus, Mr. Patnik, Mr. Quiroga voted no.
Lien will remain at $1,265.00. Chairman Perl explained that the property owner could come back
at another meeting with a new offer.
Case# 2000-01550, 01551, 01554
Owner: Luis Rosa
Address: 1172 NE 103 St
Steven Bair, attorney, was there representing Mr. Luis Rosa (owner). Luis Rosa also was present.
The property owner previously made an offer of $500.00 which was denied. Mr. Bair was there
with an offer of $1000.00. He stated that when the property owner obtained the permit but the
address was wrong. After discussion from the Board, Mr. Asmus made a motion to deny the
offer of $1,000.00. Mr. Patnick seconded. Motion passed 6-0. Lien will remain at $44,145.00.
Chairman Perl explained that the property owner could come back to another meeting with a new
offer.
Case#: 2004-05176, 05177
Owner: Luke & Elizabeth Nisset
Address: 151 NW 92 St
Luke and Elizabeth Nisset were present to request a refund. The title company had submitted the
total payoff $5,880.00. The property owners requested a refund of $5,680.00 and made an offer
of $200.00. After a brief discussion, Mr. Nisset changed the offer to $600.00. Mr. Asmus made a
motion to reject the refund of $5,280.00 and to reject the offer of $600.00. Mr. Patnick seconded.
Motion passed 5-1. (Mr. Perl voted no)
Case#: 2004-04743, 04741, 04742
Owner: Marie Telcine
Address: 9426 NW 2 Ave
• The property owner, Joseph & Marie Telcine, were there to present the cases they made an offer
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of $4,000.00 which was previously denied. Mr. Telcine was there to present a new offer of
$6,000.00. Mr. Telcine stated that they have corrected all the violations. After discussion from
the Board, Mr. Buenconsejo made a motion to accept the offer of $6,000.00 to be payable in 60
days. Mr. Busta seconded. Motion passed 5-1. (Mr. Asmus voted no).
Case#: 2003-03567, 2004-04738, 2004-04953, 2004-05148
Owner: Archilles Gervais
Address: 119 NW 110 St
The property owner, Archilles Gervais was there to present the cases. Mr. Gervais made an offer
of $7,500.00. Mr. Gervais stated that he corrected all the violations. After discussion from the
Board, Mr. Asmus made a motion to reject the offer of $7,500.00. Mr. Patnick seconded. Motion
passed 5-1. (Chairman voted no).
6. E) NEW BUSINESS
Richard Sarafan, Village Attorney, he disclosed to the Code Enforcement Board and staff
members that they were named as Defendant in a Federal lawsuit filed by Aisha Goodison. Mr.
Andrew Baurman will be representing all the staff and Board member named in the Federal
lawsuit. Mr. Sarafan requested that each Board member consent with the representation by
Andrew Baurman in the Federal Lawsuit. All member & staff agreed to the representation by
Mr. Bauman.
7. F) NEXT MEETING
The next meeting will be on October 6, 2005
8. G) ADJOURNMENT
Mr. Asmus made a motion for adjournment. Mr. Buenconsejo seconded the motion. Motion
passed 6-0. Meeting was adjourned at 8:35 PM
Emilia Palmer, Recording Secretary Barry Perl, Chairman