LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, April 2, 2009

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 2nd, 2009, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman, Barry Perl.

ROLL CALL  

PRESENTS:

Barry Asmus
John Patnik
Rod Buenconsejo
John Busta
Barry Perl
Manny Quiroga

   

ALSO PRESENT :
Richard Sarafan Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT
Robert Vickers, Chairman

 

Mr. Suarez swore in all those participating in the meeting

FIRST HEARING

Case:2-09-5461
Owner: Celmar Rosen
Address: 10001 NE 1 Ave.
Section: 12-133
Violations: Unsightly Fascia, Soffit, House Exterior

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 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 May 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 6-0.

Summary Adjudication For 1st Hearings:

Case #’s: 2-09-5372; 2-09-5377; 2-09-5378; 2-09-5381; 2-09-5382; 2-09-5390; 2-09-5392; 2-09-5429; 2-09-5444; 2-09-5455; 2-09-5456; 2-09-5460; 3-08-3739; 3-08-3740; 3-08-3741; 3-08-3830; 3-09-5493

Vice Chairman Perl 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 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. Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Asmus voted no.

Mr. Quiroga made a motion for a summary adjudication of cases 2-09-5381; 2-09-5382; 3-09-5493 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 Five days, (April 7th 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 $100.00 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 6-0.

PENALTY HEARINGS

Case: 4-08-4155
Owner: David & Doris Obregon
Address: 10400 N Miami Ave.

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. Following discussion by the board Mr. Quiroga made a motion to adjudicate the previously imposed fines. Mr. Busta seconded the motion and the vote was in favor of the motion 5-1 Mr. Asmus voted no. Summary Adjudication:

Case’s #: 10-08-5003; 10-08-5004; 10-08-5062; 1-09-5280; 1-09-5295; 1-09-5296; 1-09-5298; 1-09-5310; 1-09-5311; 1-09-5314; 1-09-5315; 11-07-3112; 11-08-5126; 12-08-5140; 2-09-5384; 2-09-5385; 2-09-5402; 9-08-4815

Vice Chairman 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. Busta 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. Buensonsejo seconded the motion and the vote was unanimous in favor of the motion 6-0.

REQUEST FOR RELIEF

Case: 10-06-1262; 10-06-1263; 10-06-1264; 10-06-1265
Owner: Bartholomeau Coia
Address: 1060 NE 105 St.

The owner for this property was there to present the case. The board asked several questions and after a discussion, Mr. Coia proposed to pay $2,500.00 within 45 days. The proposal was denied due to lack of a motion.

Case: 2000-02013
Owner: Gladys Abreu
Address: 366 NE 99 St.

Ms. Abreu was there to present the case. The board asked several questions and after a discussion, Ms. Abreu proposed to pay $175.00 within 10 days. Mr. Asmus moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 4-2. Mr. Buenconsejo and Mr Perl voted no.

Case: 4-08-4011
Owner: Mark Stose / Mary Whoffer
Address: 295 NE 95 St.

Mr. Nelson Olivia was there to present the case. The board asked several questions and after a discussion, Mr. Olivia proposed to pay $300.00 within 10 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. Asmus, Mr. Patnik, Mr. Quiroga and Mr. Perl voted no.

Case11-07-3166
Owner: Don Corpora (rep)
Address: 242 NW 93 St.

Mr. Corpora was there to present the case. The board asked several questions and after a discussion, Mr. Corpora proposed to pay $1,425.00 within 10 days. The proposal was denied due to lack of a motion.

Case: 2005-05481
Owner: Donna Hughes
Address: 10414 N. Miami Ave.

Mrs. Hughes was there to present the case. The board asked several questions and after a discussion, Mrs. Hughes proposed to pay $5,000.00 within 90 days. Mr. Asmus moved to accept the proposed offer and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 2-07-1589
Owner: Barclays Capital c/o Homeq Servicing
Address: 29 NE 98 St.

Mr. De Armas was there to present the case. The board asked several questions and after a discussion, Mr. De Armas proposed to pay $3,500.00 within 15 days. Mr. Asmus moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was not in favor of the motion 3-3. Mr. Quiroga, Mr. Buenconsejo and Mr. Perl voted no.

MINUTES

Mr. Buenconsejo moved to accept March 5th 2009 minutes and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 6-0.

NEXT MEETING

The next meeting will be on May 7, 2009.

ADJOURNMENT

Mr. Quiroga made a motion for adjournment Mr. Buenconsejo seconded it and the motion passed unanimously 6-0.