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CODE ENFORCEMENT BOARD MEETING MINUTES - APRIL 5, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 5, 2007, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Vice Chairman Barry Perl.

 

PRESENT

Barry Asmus

John Patnik

John Busta

Barry Perl

Rod Buenconsejo

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk

ABSENT

Robert Vickers, Chairman

Manny Quiroga

 

Mr. Sarafan swore in all those participating in the meeting.

 

ITEM I: APPROVAL OF MINUTES

Mr. Busta moved to approve March 1st minutes as they are. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion. 5-0.

 

ITEM II: FIRST HEARING 

Case: 2-07-1605
Owner: Alexander Rundlet                   
Address: 113 NW 108 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 was there to present to testify. The owner stated he does agree with the violation. 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 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by June 6, 2007 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 5-0.

 

Summary Adjudication For 1st Hearings:
Case #’s:  10-06-1296, 1-07-1488, 1-07-1498, 1-07-1512, 1-07-1513, 1-07-1519, 1-07-1546, 1-07-1553, 1-07-1559, 2-07-1565, 2-07-1572, 2-07-1584, 2-07-1594, 2-07-1619, 3-07-1695, 3-07-1696, 3-07-1734, 3-07-1735, 3-07-1747, 9-06-1064.

Mr. 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. 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 5-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 1-07-1473, 1-07-1504, 11-06-1330, 11-06-1331, 12-06-1436, 12-06-1438, 9-06-1166, 9-06-1205

Mr. 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. Buenconsejo 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. Asmus seconded the motion and the vote was unanimous in favor of the motion 5-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2006-06828, 2006-06830
Owner: Marie Nadia Delaplane
Address: 9400 NW 2 Ave.

The property owner, Mrs. Delaplane was there to present her case. The board asked several questions and after a discussion, Mrs. Delaplane proposed to pay $5,000.00 within 90 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 4-1, Mr. Asmus voted no.

 

Case: 8994, 2005-06476, 2005-06477, 2005-06478, 2005-06479, 2005-06481
Owner: Ramiro Delamo
Address: 9259 N. Bayshore Dr.

Mr. Delamo was there to present his case. The Board asked Mr. Delamo several questions and after further discussion he proposed to pay $29,796.00 in 30 days. Mr. Buenconsejo moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.    

 

Case: 2005-06352
Owner: Todd Headley
Address: 20 NW 93 St.

The property owner’s lawyer, Mr. Weiss was there to present Mr. Headley’s case. The Board questioned Mr. Weiss and after further discussion from the board he proposed to pay $3,365.00 in 7 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 2005-06510
Owner: Katherine Castellon
Address: 456 NE 102 St.

Mrs. Castellon was there to present her case. The Board questioned Mrs. Castellon and after further discussion she proposed to pay $1,500.00 within 10 days. Mr. Patnik moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 2000-01373, 2000-01405
Owner: Antonio & Rita Manso de Sousa
Address: 162 NW 102 St.

Mr. & Mrs. Manso de Sousa were there to present their case. The Board questioned Mr. & Mrs. Manso de Sousa and after further discussion they proposed to pay $6,000.00 within 30 days. Mr. Patnik moved to accept the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 2005-06578
Owner: Lionel Casey   
Address: 10610 NE 11 Ave.

Mr. Casey was there to present his case. The Board questioned Mr. Casey and after further discussion he proposed to pay $145.00 within 7 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 2000-01473
Owner: Ted Haaland               
Address: 179 NW 97 St.

Mr. Haaland was there to present his case. The Board questioned Mr. Haaland and after further discussion he proposed to pay $1,500.00 within 10 days. Mr. Patnik moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was not in favor of the motion 3-2. Mr. Asmus, Mr. Perl and Mr. Buenconsejo voted no.

 

ITEM V. NEXT MEETING

The next meeting will be on May 3, 2007

 

ITEM VI. ADJOURNMENT

Mr. Patnik made a motion for adjournment Mr. Busta seconded it and the motion passed unanimously 5-0. 

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