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05-03-2007 Regular MeetingCODE ENFORCEMENT BOARD MEETING MINUTES Thursday May 3, 2007 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 3, 2007, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers. PRESENT: Robert Vickers, Chairman Barry Asmus John Patnik John Busta Barry Perl Rod Buenconsejo Manny Quiroga ALSO PRESENT: Richard Sarafan, Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Valerie Bierley, Clerk Mr. Sarafan swore in all those participating in the meeting. FIRST HEARING • Case: 1-07-1557 Owner: Fernando Marques Address: 210 NE 102 St. Section 12-133, 12-82 Violations: Unsightly Fascia, Soffit, House Exterior / Nondwelling Structures &Fences 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. The owner was not in attendance, but the tenants were there to testify against the violation. The tenant stated he does not agree with the violation. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 and 12-82 of the Miami Shores Village Code. The violator shall correct the violation by June 2, 2007 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion weather or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $75.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0. Code Enforcement Board 1 May 3, 2007 • Case: 1-07-1507 Owner: Marta Rodriguez Address: 1361 NE 103 St. Section 6-4 Violations: Permits- Application generally 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. The owner was not in attendance, but the owner's friend was there to testify. The tenant stated he does agree with the violation. Following discussion by the Board, Mr. Quiroga 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 June 2, 2007 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion weather or not to extend the date. The Code Enforcement Officer may also 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 $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. Case: 2-07-1664 Owner: Rex & Gabriela Henderson Address: 1218 NE 98 St. Section 12-133 Violations: Unsightly Fascia, Soffit, House Exterior 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. The owner was in attendance to testify against the violation. The owner stated he does not agree with the violation and following discussion by the Board, Mr. Perl 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 June 2, 2007 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion weather or not to extend the date. The Code Enforcement Officer may also 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 $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7- 0. Code Enforcement Board 2 May 3, 2007 Case: 1-07-1499 Owner: Patrick Dentico Address: 10055 Biscayne Blvd. Section 12-128 Violations: Weather / Water tight Structures 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. The owners and their lawyer were there to testify. The owner agrees with the violation and following discussion by the Board, Mr. Quiroga 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 June 7, 2007 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code Enforcement Officer is to use at his discretion weather or not to extend the date. The Code Enforcement Officer may also report back to the board and the board may then assess a fine against the violator in the amount of $100.00 per day thereafter. This will constitute a lien on the property of the violator. Costs in the amount of $30.00 per violation were assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. Summary Adjudication For 1St Hearings: Case #'s: 11-06-1358, 12-06-1462, 2-07-1608, 2-07-1615, 2-07-1626, 2-07-1682, 3-07- 1697, 3-07-1724, 3-07-1796, 3-07-1798, 3-07-1802, 3-07-1815, 3-07-1829, 3-07-1852, 4- 07-1878, 4-07-1880, 4-07-1897. Mr. Vickers 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. Quiroga made a motion for a summary adjudication of all such cases except 2-07-1638 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 except case 2-07-1638 which will be 5 days, 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 except case 2-07-1638 which will be $ 100 a day thereafter and also a $30.00 staff's administrative fee. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. Code Enforcement Board 3 May 3, 2007 • PENALTY HEARINGS Case: 1-07-1498 Owner: Patrick Dentico Address: 10055 Biscayne Blvd. The officer, Anthony Flores, testified that violations still existed on the property. Pictures were submitted to the Board as evidence of the violation. Mrs. Dentico was there to present her case. She asked for an extension of 10 days to complete all work done. The Board questioned Mrs. Dentico and after a discussion, Mr. Perl made a motion to deny the request. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0. Summary Adjudication: Case's #: 1-07-1488, 1-07-1512, 1-07-1513, 1-07-1546, 1-07-1553, 1-07-1559, 11-06- 1340, 11-06-1370, 2-07-1572, 2-07-1589, 2-07-1594, 3-07-1695, 3-07-1734, 3-07-1735, 3- 07-1747, 9-06-1064 Mr. Perl read each case and corresponding address into the record to verify whether or not anyone was present to address the Board. As neither 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. Mr. Quiroga 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. Perl seconded the motion and the vote was unanimous in favor of the motion 7-0. REQUEST FOR RELIEF Case: 2006-07178 Owner: Brian Finnie Address: 9025 NE 4 Ave. The property owner, Mr. Finnie was there to present his case. The board asked several questions and after a discussion, Mr. Finnie proposed to pay $300.00 within 10 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1, Mr. Asmus voted no. Code Enforcement Board 4 May 3, 2007 • Case: 8994, 2005-06476, 2005-06477, 2005-06478, 2005-06479, 2005-06481 Owner: Ramiro Delamo Address: 9259 N. Bayshore Dr. Mr. Delamo was there to present his case. The Board asked Mr. Delamo several questions and after further discussion he proposed to pay $50,000.00 in 10 days. Mr. Perl moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was not in favor of the motion 4-3 Mr. Asmus, Mr. Busta and Mr. Quiroga voted no. Case: 2005-06601 Owner: Magdiel & Martha Fernandez Address: 560 NE 93 St. The property owner Mrs. Fernandez was there to present her case. The Board questioned Mrs. Fernandez and after further discussion from the board she proposed to pay $500.00 in 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the motion 6-1 Mr. Quiroga voted no. Case: 2000-01473 Owner: Ted Haaland Address: 179 NW 97 St. Mr. Haaland was there to present his case. The Board questioned Mr. Haaland and after further discussion he proposed to pay $1,800.00 within 10 days. Mr. Busta moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-2 Mr. Asmus and Mr. Perl both voted no. APPROVAL OF MINUTES: Mr. Perl moved to approve April 3rd minutes with amendment. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0. NEXT MEETING The next meeting will be on June 7, 2007 ADJOURNMENT Mr. Patnik made a motion for adjournment Mr. Busta seconded it and the motion passed unanimously 5-0. Valerie Bierley, Clerk Robert Vickers, Chairman Code Enforcement Board 5 May 3, 2007