Biscayne Park Code Compliance Board Tackles Violation Fees and Property Owner Appeals

The Biscayne Park Code Compliance Board meeting addressed several critical code enforcement issues, focusing on property violations, permit compliance, and disputes over fines. The board deliberated on the necessity for strict adherence to regulations while considering property owners’ challenges, including financial hardships and procedural misunderstandings.

A significant portion of the meeting was devoted to the contentious case involving the property on Northeast 121st Street. The board faced a petition for a rehearing after property owners Jan Roots and Dennis were found in violation of the Florida Building Code and Miami-Dade County Code concerning unsafe structures. Central to the debate was the $10,000 charge for professional services, which the board clarified was a fee rather than a fine. An attorney for the property owner argued that the charge was excessive and lacked transparency, advocating for an itemized breakdown. The board maintained the charge, with a motion to amend the order’s language from “fine” to “fee,” which was unanimously approved.

Another prominent discussion involved a vacant property abandoned since 1996, where the property owner requested a rehearing, citing improper notice. The attorney for the property owner contended that neither the owner nor their counsel received adequate notification, which they argued was a violation of due process as outlined in Florida statute 162. The board determined that notice had been properly given, leading to the denial of the rehearing request.

The board also deliberated on several cases involving compliance deadlines and fines. In the case of Katherine Brownell on Northeast 120th Street, the board extended the compliance deadline to June 15, requiring her to obtain a driveway permit, with a daily fine of $250 for non-compliance. The board showed consideration for Brownell’s illness-related absences, illustrating its willingness to accommodate extenuating circumstances while enforcing regulations.

Similarly, the case of Mr. Stephano on Northeast 117th Street revealed challenges with contractor responsiveness, affecting his compliance timeline. The board emphasized the importance of issuing a permit by June 15, and daily fines would be enforced if compliance was not achieved.

Another notable case involved a $30,000 fine reduction proposal by property owner Jeffrey Icon, whose violations had been rectified. Icon offered $1 to settle the fines, but the board rejected his proposal, opting instead to uphold the original fines.

For instance, a case involving Argenta Group Investments LLC, which installed a driveway without permits, resulted in a $250 fine and a compliance deadline of June 15.

Additionally, the board addressed concerns about the accuracy of meeting minutes and the scheduling of future meetings. With some members unavailable in August, the board discussed moving the meeting to accommodate their schedules.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Jonathan E. Groth
Code Enforcement Board Officials:
Janey Anderson (Chair), Rodolfo Barrientos, Dale Blanton, Judi Hamelburg, Michael Lynott, Esq., Ashlin Bernier-Green (Alternate)

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