LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, April 1st, 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 1st, 2010, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

ROLL CALL  

PRESENTS:
Robert Vickers, Chairman
Barry Asmus
Robert Swan
John Patnik
Manny Quiroga
Barry Perl
Rod Buenconsejo
ALSO PRESENT:
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk

All witnesses were sworn in by the Village Attorney, Mr. Sarafan.

FIRST HEARING

Case: 2-10-6719
Owner: Aimee & Glenn Harris
Address: 858 NE 97 St.
Section: 12-128
Violations: Weather/Water Tight Structures

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. Harris 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(s) 12-128 of the Miami Shores Village Code. The violator shall correct the violation by May 5, 2010 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. Swan seconded the motion. The vote was in favor of the motion 6-1, Mr. Perl voted no.

Summary Adjudication For 1st Hearings:

Case #’s: 1-10-6652; 2-10-6734; 2-10-6744; 2-10-6750; 2-10-6766; 3-10-6833; 3-10-6861; 3-10-6862; 3-10-6867; 3-10-6869; 3-10-6872; 3-10-6873

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 May 5, 2010 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: 2-10-6752

Mr. Perl 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 April 10, 2010 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 $250.00 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 7-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 1-10-6603; 11-09-6518; 2-10-6665; 2-10-6667; 2-10-6693; 2-10-6695; 2-10-6754; 2-10-6757; 4-09-5623; 8-09-6019

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 7-0.

REQUEST FOR RELIEF

Case: 7-07-2383; 7-07-2413
Owner: Jaime Gross Trustee
Address: 38 NW 108 St.

Mr. Cass was there to present the case. The board asked several questions and after a discussion, Mr. Cass proposed to pay $2,500.00 within 10 days. Mr. Swan moved to accept the proposed amount for release of the above referenced property only, and Chairman Vickers seconded the motion. The vote was not in favor of the motion 2-5. Mr. Asmus, Mr. Patnik, Mr. Perl, Mr. Quiroga and Mr. Buenconsejo voted no.

Case: 2000-01980
Owner: Bennett & Kathryn Kennedy
Address: 117 NE 93 St.

Mr. Kennedy was there to present the case. The board asked several questions and after a discussion, Mr. Kennedy proposed to pay $4,000.00 within 10 days. Mr. Buenconsejo 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 6-1. Chairman Vickers voted no.

Case: 4-09-5613; 7-09-5963
Owner: Citibank
Address: 173 NW 99 St.

Mr. Blanco, was there to present the case. The board asked several questions and after a discussion, Mr. Blanco proposed to pay $7,500.00 within 30 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, Mr. Buenconsejo seconded the motion and the vote was unanimous with the motion 7-0.

Case: 1-07-1486; 11-07-2997; 11-07-3200; 2-08-3560; 3-09-5543
Owner: STL Realty LLC
Address: 150 NW 100 Tr.

Mr. Paulik was there to present the case. The board asked several questions and after a discussion, Mr. Paulik proposed to pay $15,120.00 within 10 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 in favor of the motion 4-3. Mr. Asmus, Mr. Patnik and Mr. Quiroga voted no.

Case: 12-07-3296
Owner: Marvin Armstrong
Address: 138 NW 107 St.

Mr. Armstrong, was there to present the case. The board asked several questions and after a discussion, Mr. Armstrong proposed to pay $3,500.00 within 30 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only, Mr. Perl seconded the motion and the vote was with the motion 4-3. Mr. Asmus, Mr. Patnik and Mr. Quiroga voted no.

Case: 4299; 9152; 2000-02151; 2002-02646; 2003-04249; 2003-04508; 2005-06611; 2005-06612; 4-07-1890; 7-07-2444; 11-07-3053
Owner: Anette Succes
Address: 75 NW 110 St.

Mr. Blackman, was there to present the case. The board asked several questions and after a discussion, Mr. Blackman proposed to pay $25,000.00 within 30 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, Mr. Swan seconded the motion and the vote was in favor with the motion 6-1, Mr. Asmus voted no.

MINUTES

Mr. Swan moved to accept March 4th 2010 minutes and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

NEXT MEETING

The next meeting will be on May 6, 2010.

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Vickers seconded it and the motion passed unanimously 7-0.