Loading...
12-03-2009 Regular Meeting• CODE ENFORCEMENT BOARD MEETING MINUTES Thursday December 3rd, 2009 The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 3rd, 2009, 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 Perl Barry Asmus Robert Swan John Patnik Manny Quiroga Rod Buenconsejo ALSO PRESENT: Richard Sarafan, Village Attorney Mike Orta, Code Enforcement Officer Anthony Flores, Code Enforcement Officer Valerie Bierley, Clerk ABSENT: All witnesses were sworn in by the Village Attorney, Mr. Sarafan. FIRST HEARING Case: 10-09-6458 Owner: Flavio Caravalho Address: 165 NW 92 St. Section: 6-4(a) Violations: Unauthorized Construction / Expired permit(s) -coON', 0 The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner, Mr. Caravalho 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 6-4(a) of the Miami Shores Village Code. The violator shall correct the violation by January 6, 2009 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 whether 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 1 December 3, 2009 Case: 10-09-6461 Owner: Flavio Caravalho Address: 165 NW 92 St. Section: 6-4(a) Violations: Unauthorized Construction / Expired permit(s) The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner, Mr. Caravalho was there to present the case. 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(a) of the Miami Shores Village Code. The violator shall correct the violation by January 6, 2009 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 whether 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 7-0. Case: 909-6275 Owner: Sean Phillips Address: 210 NW 105 St. Section: 6-4(a) Violations: Unauthorized Construction / Expired permit(s) 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, Mr. Phillips 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 6- 4(a) of the Miami Shores Village Code. The violator shall correct the violation by January 6, 2009 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 whether 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: 9-09-6302 Owner: Peter Walsh Address: 504 NE 101 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, Mr. Code Enforcement Board 2 December 3, 2009 Walsh was there to present the case. 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 12-133 of the Miami Shores Village Code. The violator shall correct the violation by January 6, 2009 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 whether 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. Summary Adjudication For 1st Hearings: Case #'s: 10-09-6341; 10-09-6367; 10-09-6368; 10-09-6392; 10-09-6408; 11-09-6484; 11- 09-6486; 11-09-6487; 11-09-6491; 6-09-5829; 9-09-6269; 9-09-6300; 9-09-6314; 9-09- 6315; 9-09-6320 Chairman 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 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 by January 6th, 2009 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. Case #'s: 10-09-6374; 10-09-6411; 10-09-6450; 11-09-6480 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 by December 8th, 2009 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. Code Enforcement Board 3 December 3, 2009 • PENALTY HEARINGS Case: 10-09-6412 Owner: Flavio Caravalho Address: 165 NW 92 St. Section: 9-2(b)(c)/9-5; 9-5; 9-2(a)(c) Violations: Improper treatment of refuse; certain wastes unacceptable for collection; container specifications The officer, Mike Orta, testified that this violation currently does not exist on the property, however this occurs commonly. Pictures were submitted to the Board as evidence of the violation. The property owner was there to present his case. The Board questioned Mr. Orta and Mr. Caravalho and after a discussion by the board, Mr. Orta closed this case. Case: 6-09-5851 Owner: Sean Phillips Address: 210 NW 105 St. Section: 6-4(a) Violations: Unauthorized Construction / Expired permits The officer, Anthony Flores, testified that violations still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner was there to present his case. The Board questioned Mr. Phillips and after a discussion, Mr. Swan made a motion to table the case. Mr. Buenconsejo seconded the motion and the vote was in favor of the motion 4-3 Mr. Perl, Mr. Quiroga and Chairman Vickers voted no. Summary Adjudication: Case's #: 10-09-6357; 10-09-6358; 10-09-6359; 10-09-6389; 10-09-6393; 10-09-6398; 3- 09-5495; 7-09-5928; 8-09-6045; 8-09-6116; 8-09-6119; 9-09-6169; 9-09-6193; 9-09-6199; 9-09-6200; 9-09-6203; 9-09-6215; 9-09-6250; 9-09-6316 Chairman 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. 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. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 6-0. Code Enforcement Board 4 December 3, 2009 REQUEST FOR RELIEF • Case:2006-07318 Owner: Gonzalo De Guzman Address: 100 NE 104 St. • • The owner Mr. De Guzman was there to present the case. The board asked several questions and after a discussion, Ms. De Guzman proposed to pay $600.00 within 30 days. The proposed amount was denied due to lack of motion. Case: 5-07-2116; 9-07-2653 Owner: Home Loan Services (PMH Financial) Address: 58 NW 104 St. Mr. Balbosa was there to present the case. The board asked several questions and after a discussion, Mr. Balbosa proposed to pay $7,785.00 within 30 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, and Mr. Buenconsejo seconded the motion. The vote was unanimously in favor of the motion 7-0. Case: 3-09-5544 Owner: Michael Sostre (Ronald Plat) Address: 117 NW 101 St. Mr. Plat was there to present the case. The board asked several questions and after a discussion, Mr. Plat proposed to pay $1,400.00 within 5 days. Mr. Perl moved accept the proposed amount for release of the above referenced property only, and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1. Mr. Patnik voted no. Case: 9-07-2702 Owner: Jacqueline Butler Address: 1461 NE 102 St. Mrs. Butler was there to present the case. The board asked several questions and after a discussion, Mrs. Butler proposed to pay $5,000.00 within 30 days. Mr. Swan moved to accept the proposed amount for release of the above referenced property only, and Mr. Buenconsejo seconded the motion. The vote was not in favor of the motion 43. Mr. Asmus, Mr. Patnik, Mr. Perl and Mr. Quiroga voted no. Case: 5-08-4264 Owner: Federal Home Loan Mrtg. Corp. Address: 162 NW 102 St. Mr. Sosa was there to present the case. The board asked several questions and after a discussion, Mr. Sosa proposed to pay $1,385.00 within 30 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, and Mr. Quiroga seconded the motion. The vote was in favor of the motion 4-3. Mr. Asmus and Mr. Patnik and Mr. Buenconsejo voted no. Code Enforcement Board 5 December 3, 2009 • • Case: 6-09-5837; 6-09-5839; 6-09-5840 Owner: Maria Callam/ John Oliver Address: 149 NW 101 St. Mr. Oliver was there to present the case. The board asked several questions and after a discussion, Mr. Oliver proposed to pay $500.00 within 30 days. Mr. Buenconsejo moved accept the proposed amount for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted no. MINUTES Mr. Asmus moved to accept October 1st 2009 minutes and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0. Mr. Quiroga moved to accept November 5th, 2009 minutes and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0. NEXT MEETING The next meeting will be on January 7, 2009. ADJOURNMENT Mr. Asmus made a motion for adjournment Mr. Buenconsejo seconded it and the motion passed unanimously 7-0. Valerie Bierley, Clerk Robert Vickers, Chairman Code Enforcement Board 6 December 3, 2009