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06-01-2006 Regular Meetinga • • MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village June 1, 2006 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 1, 2006, 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 John Busta John Patnick Barry Asmus ALSO PRESENT: Richard Sarafan, Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Valerie Bierley, Administrative Assistant. ABSENT: Manny Quiroga Rod Buenconsejo All persons testifying were sworn in at this time. FIRST HEARING Case: 2006-06968 Owner: Sandra L. Pallo, Michael w. Beck Address: 898 NE 91 TR. Section 523.1 (h); Violations: Trellises, Arbors and Pergolas The officer, Michael Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Code officer stated the trellises were in the 25ft. setback. The owner, Mrs. Pallo was there to present her case. She stated she does not agree with the violation. Following discussion by the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 523.1(h) of the Miami Shores Village Code. The violation shall be corrected by July 16, 2006 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 Officers 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 were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Vickers seconded the motion. The Motion passed 5-0 Case: 2006-07007 Owner: Pedro Tronge & Barbara Roqueta Address: 18 NW 106 St. Violations: Improper Treatment of Refuse / Unauthorized Storage of Materials Section. 9-2(b) (c) / 9-5 / 501(k) 10-1 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. Code Officer Anthony Flores stated the improper storage of materials along side the alley are prohibited. Property owner Mrs. Roqueta was present and indicated she agrees with the violation. She explained her situation and why the violation was not brought into compliance and asked for an extension. Following a discussion by the Board, Mr. Vickers moved for a finding of fact and a conclusion of law that a violation exists according to Sections 9-2(b) (c) / 9-5 and 501(k) 10-1 of the Miami Shores Village Code. The violation shall be corrected by July 5th, 2006 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 were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Asmus seconded the motion. The Motion passed 4-1, Mr. Busta voted no. Case: 2006-07008 Owner: Pedro Tronge & Barbara Roqueta Address: 18 NW 106 ST. Section Bldg.12-130 Violations: Overhanging Objects The officer, Anthony Flores, explained the nature of the violations and testified that the violations still existed on the property. Pictures were submitted as evidence. Code Officer Anthony Flores stated she had loose roof tiles, the Code Enforcement Officers are going through the neighborhood and asking people to please remove the loose roof tiles as a precautionary measure for hurricane • season. Property owner Mrs. Roqueta was present and indicated she agrees with the violation. Following a discussion by the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-130 of the Miami Shores Village Code. The violation shall be corrected by July 6th, 2006 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 day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $25.00 per violation were hereby assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Perl seconded the motion. The Motion passed 5-0. Case #: 2006-07009 Owner: Yves Fortune Address: 830 NE 91 Terr. Section: Bldg. 6-4 / Bldg. 6-4 Violation: Unauthorized Construction / Alteration / Unauthorized Construction / Alteration The officer, Michael Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. Code Officer Michael Orta stated a driveway was installed in the side setback with no permit. Property owner Mr. Fortune was present and indicated he agrees with the violation. He explained he was not aware he needed a permit. Following a discussion by the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Code Section 6-4 of the Miami Shores Village Code. The violation shall be correct by Aug. 2nd, 2006 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 $25.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Vickers seconded the motion. The Motion passed 5-0. Summary Adjudication For 1“ Hearings: Case #'s: 2005-06135 2005-06635 2006-06658 2006-06787 2006-06794 2006-06800 2006-06837 2006-06840 2006-06860 2006-068612006- • 06862 2006-06872 2006-06877 2006-06888 2006-069012006-06906 2006-06908 2006-06909 2006-06910 2006-06911 2006-06928 2006- 06942 2006-06943 2006-06944 2006-06948 2006-06949 2006-06961 2006-06966 2006-06983 2006-06998 2006-07002 2006-07034 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. Busta 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 herby 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, with the following exceptions regarding inoperable vehicles and commercial vehicles we ask for a $50.00 daily fine in a correction time period of 48 hours from service of the notice. 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 5-0 PENALTY HEARINGS Summary Adjudication: Mr. Perl read each case and corresponding address into the record to verify whether or not anyone was present to address the Board. As the individual property owners nor their representatives were present for the hearing, Mr. Flores confirmed that all case files contained appropriate affidavits attesting to the fact that violations still exist subsequent to the ordered compliance dates and that individuals have not contacted the Code Enforcement Department. Case's #: 2005-05917, 2005-06484, 2005-06605, 2005-06608, 2005-06611, 2005-06612, 2006- 06652, 2006-06655, 2006-06697, 2006-06705, 2006-06838, 2006-06847, 2006-06923 • Mr. Vickers moved for a summary adjudication of all such cases currently remaining on the penalty docket for tonight's hearing, and that each respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against them by prior order of the Board, retroactive to the date the violation was to have been corrected and upon recording, the Board's order in this regarding will constitute a lien against the property of the violator. Mr. Busta seconded the motion and the vote was unanimous in favor of the motion. REQUEST FOR RELIEF Case: 2005-05805 / 007246 Owner: Keith Cross Address: 663 K St. The attorney for Keith Cross, Evelyn Grey was there to present the case. Mrs. Grey stated she was representing him only for the case number 2005-5805, 2005-5806, 2005-5807, She claimed her client never received any documents regarding any violations. After looking over the file it was noted that he was aware of the violations and of the lien. She then stated she would make the offer for both cases, Mrs. Grey proposed to pay $3500.00. After further discussion, Mr. Asmus moved to deny the offer. Mr. Busta seconded the motion. Motion passed 5-0. Chairman Perl explained that the property owner could come back at another meeting with a new offer. Case: 2004-05290 Owner: Didier Vansteenberg Address: 54 NW 100 Terr. The property owner, Didier Vansteenberg, was there to present his case. Mr. Vansteenberg explained he was sold the house with a lien and attempted to go after the title company as suggested by the board. The title company declined coverage because the lien went into effect three months after the purchase and no code violations were recorded at time of sale. After further discussion Mr. Vansteenbergue is proposing to pay $1,000.00. Mr. Vickers made a motion to accept the proposed offer. Mr. Busta seconded the motion. Motion denied 3-2. Cases: 2003-03974 / 2005-06062 Owner: Van Dyne Address: 425 NE 91 St. • The attorney of Vanessa Van Dyne, Christopher Kelly was there to present the cases. Mr. Kelly • • • explained Mrs. Van Dyne's current situation regarding her divorce. He stated Mr. Van Dyne purposely left the vehicles on the property and never notified Mrs. Van Dyne of the violation until the lien was in process. As for the tree stump, Mr. Kelly stated Mrs. Van Dyne did not notify the code enforcement officers of the removal and accepts fault. After a discussion, Mr. Kelly proposed a combined payment of $2,500.00 for both cases. Mr. Asmus made a motion to accept the proposed offer. Mr. Vickers seconded the motion. Motion was passed 5-0. NEXT MEETING The next meeting will be on July 6, 2005 ADJOURNMENT Mr. Perl made a motion for adjournment. Motion passed 4-0. Valerie Bierley, Clerk Barry Perl, Chairman