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03-06-2008 Regular Meeting• • • • CODE ENFORCEMENT BOARD MEETING MINUTES Thursday March 6, 2008 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 6, 2008, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers. PRESENT: ALSO PRESENT: ABSENT: Robert Vickers, Chairman Barry Asmus John Patnik Rod Buenconsejo John Busta Barry Perl (left at 7:15) Richard Sarafan, Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Valerie Bierley, Clerk Manny Quiroga Mr. Sarafan swore in all those participating in the meeting. FIRST HEARING Case: 12-07-3296 Owner: Marvin Armstrong Address: 182 NW 95 St. Section: 6-4 Violations: Unauthorized Construction 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 there to present the case. 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 6-4 of the Miami Shores Village Code. The violator shall correct the violation by April 1, 2008 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. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0. Code Enforcement Board 1 Mar. 06, 2008 • Case: 12-07-3288 Owner: Hector Arreola Address: 10326 NW 1 Ave. • Section: 13-1; 521(b)1(d) Violations: Storage of an inoperable vehicle; Unpaved parking area. • 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 there to present the case. 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 13-1; 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation by March 11, 2008 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0. Case: 12-07-3289 Owner: Hector Arreola Address: 10326 NW 1 Ave. Section: 501(k) 10-1 Violations: Unauthorized storage of materials 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 there to present the case. 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 501(k) 10-1 of the Miami Shores Village Code. The violator shall correct the violation by March 20, 2008 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 6-0. Case: 12-07-3290 Owner: Hector Arreola Address: 10326 NW 1 Ave. Section: 523 Violations: Harmony — Quality of building The officer, Anthony Flores explained the nature of the violation and testified that the iviolation still existed on the property. Pictures were submitted as evidence. The owner was Code Enforcement Board 2 Mar. 06, 2008 • • • there to present the case. Following discussion by the Board, Mr. Buenconsejo moved for a continuance until. Mr. Perl seconded the motion and the vote was unanimous in favor of the motion 6-0. Summary Adjudication For 1St Hearings: Case #'s: 10-07-2835; 1-08-3365; 1-08-3395; 1-08-3405; 1-08-3413; 1-08-3434; 1-08- 3474; 11-07-3192; 11-07-3193; 12-07-3240; 12-07-3243; 12-07-3268; 12-07-3271; 12-07- 3292; 12-07-3314; 12-07-3316; 12-07-3331; 12-07-3333; 2-08-3495; 2-08-3529; 2-08- 3535; 2-08-3536; 5-07-2140; 9-07-2728; 2-08-3560 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. Busta 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 a day thereafter and also a $30.00 staff's administrative fee. Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0. PENALTY HEARINGS Summary Adjudication: Case's #: 10-07-2898; 10-07-2904; 10-07-2932; 10-07-2966; 10-07-2978; 10-07-2979; 1- 08-3352; 1-08-3353; 1-08-3451; 11-07-2997; 11-07-3009; 11-07-3053; 11-07-3129; 11-07- 3160; 11-07-3165; 11-07-3166; 11-07-3200; 11-07-3204; 11-07-3214; 12-07-3264; 12-07- 3272; 12-07-3273; 12-07-3295; 12-07-3345; 12-07-3347; 12-07-3348 Mr. Vickers 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. Code Enforcement Board 3 Mar. 06, 2008 • • Mr. Perl 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. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 6-0. REQUEST FOR RELIEF Case: 2005-06533; 2005-06534; 2005-06535; 2005-06537; 2006-06648; 4-07-1901; 4-07- 1922; 4-07-1925; 4-07-1926 Owner: Andre and Suze Dormus Address: 101 NW 106 St. The property owner's Mr. and Mrs. Dormus' lawyer, Mr. Jean -Francois was there to present the case. The board asked several questions and after a discussion, Mr. Jean - Francois proposed to pay $16,000.00 within 90 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was not in favor of the motion 2-4. Mr. Vickers, Mr. Asmus, Mr. Patnik and Mr. Perl all voted no. The offer was denied. Case: 9-06-1137 Owner: Matthias Majetschak Address: 41 NW 107 St. The property owner Mr. Majetschak was there to present his case. The board asked several questions and after a discussion, Mr. Majetschak proposed to pay $80.00 within 5 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted no. 4 Case: 11-06-1406 Owner: Lara Coley Address: 148 NW 96 St. The property owner Mrs. Coley was there to present her case. The board asked several questions and after further discussion, Mrs. Coley proposed to pay $4,000.00 within 30 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0. Case: 7-07-2453 Owner: Juan Piedrahita Address: 925 NE 91 Terr. The property owner Mr. Piedrahita was there to present his case. The board asked several questions and after further discussion, Mr. Piedrahita proposed to pay $500.00 within 60 days. Mr. Buenconsejo moved to accept the proposed offer. The offer died for lack of second. Code Enforcement Board 4 Mar. 06, 2008 • • • Case: 5104; 5105; 5106; 9-07-2691 Owner: David Haylock Address: 10635 NE 11 Ct. The property owner Mr. Haylock was there and had his friend present the case. The board asked several questions and after further discussion, Mrs. Corey proposed to pay $850.00 within 90 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Vickers seconded the motion. The vote was in favor of the motion 5-1. Mr. Patnik voted no. APPROVAL OF MINUTES: Mr. Buenconsejo moved to accept the Feb. 7th 2008 minutes. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion 6-0. NEXT MEETING The next meeting will be on March 6, 2008 ADJOURNMENT Mr. Quiroga made a motion for adjournment Mr. Patnik seconded it and the motion passed unanimously 5-0. Valerie Bierley, Clerk Robert Vickers, Chairman Code Enforcement Board 5 Mar. 06, 2008