LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES - SEPTEMBER 6, 2012.

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, September 6, 2012

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 02, 2012, at the Miami Shores Village Hall. The meeting was called to order at

6:00 p.m. by Chairman, Manny Quiroga

 

 

Present: Robert Vickers, John Patnik, Robert Swan, Barry Asmus, Barry Perl, Rod Buenconsejo, Manny Quiroga

 

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                               

All witnesses were sworn in by the Village Attorney, Richard Sarafan

 

FIRST HEARING

 

Case: 7-11-8746

Owner: Richard Criswell

Address: 32 NW 93 St.

Violation: 536/537 Landscape Design and maintenance.

 

Code officer Mike Orta gave summary and mentioned case was tabled because Mr. Criswell was allowed to appear before planning and zoning board to see if they would change code to adopt Florida Friendly landscaping that included stones to be placed in yard instead of grass cover. Mr. Criswell was present and stated case about his property and how he is trying to xeriscape. Mr. Criswell mentioned that he has analyzed the code and has tried to reason with code established. Mr. Flores read code 536/537. Board members asked questions regarding time frame to correct violation.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.

With respect to case(s) 7-11-8746 : I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 536 of the Miami Shores Village Code. The offending party shall correct all such violations by Dec. 4, 2012 and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $ 25.00 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Discussion by board.

Motion passed unanimously.

 

Summary Adjudication for 1st Hearings:

 

Chair recognizes that there is no one else present for first hearings.

 

Case#’s:11-11-9194;2-12-9544;7-11-8746;7-12-10124;7-12-10127;7-12-10130;7-12-10134;7-12-10135;7-12-10138;8-12-10230;8-12-10234;8-12-10251.

 

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus.

I move for 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 such case, the offending party shall correct the violation within the time period specified by Staff in the Staff recommendations for these hearings and 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 period, the Code Enforcement Officer may report this fact 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 respective daily amounts specified in Staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. Further, with respect to each such case, costs in the amounts specified in Staff’s recommendations for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.”

 

Motion passed unanimously.

 

PENALTY HEARINGS

 

Summary Adjudication for Penalty Hearings:

 

Chairman states that no one is present for Enforcement Orders.

 

Case #’s: 11-11-9176;3-12-9674;3-12-9754;4-12-9772;5-12-9916;5-12-9922;5-12-9930;5-12-9945;5-12-9949;5-12-9997;7-12-10123;7-12-10126.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

 

 

 

 

Motion: Action: Accept, Moved by Robert Swan, Seconded by Barry Asmus.

I move that, in each case currently remaining on the penalty docket for tonight’s hearing, 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 from the day the violation was to have been corrected. That upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.”

 

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case: 4-10-6980; 8-11-8861

Owner: Miami Shores Center LLC

Address: 9820/9830 NE 2nd Ave.

 

Orit Mimoun was present on behalf of owner and stated that owner did not know that a lien was placed on the property. They were aware of one of the violation, which was for construction taking place without permits but were in contact with tenant to resolve issue A.S.A.P. They became aware of the second violation, which was for a dirty awning when they came to village to get paperwork stating violation was remedied and closed. They remedied violation for awning within a matter of days. Board members asked questions regarding certified mail and why it took so long to remedy situation. Offer to pay $2000 payable within 30 days.

 

Board has chosen not to make motion.

 

Case: 10-10-7842

Owner: Alex Edelman/ Shoreview Center

Address: 9999 NE 2nd Ave.

 

Julio Martinez was present on behalf of Alex Edelman to state case. He stated violation was remedied on time yet it was not recorded on time. Mr. Martinez did not have paperwork from contractor that was signed indicating inspection date but was present during inspection from village mechanical inspector. Offer to pay $30 payable within 30 days.

 

Move that upon receipt of $100 that the lien on this property and this property only be released. 30 days.

 

Moved by Barry Perl, seconded by Rod Buenconsejo

Vote: Yes: Robert Vickers, John Patnik, Robert Swan, Barry Asmus, Barry Perl, Rod Buenconsejo, and Chairman Quiroga.

Motion passed unanimously.

 

 

 

 

 

Case: 8-11-8896; 12-11-9289; 10-11-9069

Owner: Timothy and David Snow

Address: 12 NE 101 St.

 

David snow was present to state case and mentioned he had requested an extension that was granted but did not realize he had to appear before the board again or contact code officer. Gave explanation of how much he has spent on property between renovations and permit fees. Board members asked questions regarding compliance deadline. Offer to pay

$500 payable within 90 days.

 

Move to accept offer.

Moved by Robert Vickers, Seconded by John Patnik

Vote: Yes: Robert Vickers, John Patnik

Vote: No: Robert Swan, Barry Asmus, Barry Perl, Rod Buenconsejo, and Manny Quiroga.

Motion denied (summary: Yes = 2, No = 5, Abstain = 0).

 

 

Case: 4-11-8386

Owner: Nishima Investments Inc.

            c/o Yvette Murphy, Esq.

Address: 40 NE 91st.

 

Mrs. Murphy was present on behalf of Nishima Investments and stated they had a realtor take care of property and were not aware of problem with property. The owner lives out of the country and hired a friend as his realtor to take care of property and rent out property. The realtor did state there was a violation but had corrected it in a timely fashion in order to rent it out and a lease was signed therefore indicating that property was under full compliance even though that was not the case. Offer to pay $3500 payable within $30 days.

 

Move that upon receipt of $3500 within 30 days the lien on this property and this property only be released.

Moved by Barry Perl, Seconded by Rod Buenconsejo.

 

Discussion by board.

 

Vote: Yes: Robert Vickers, Robert Swan, Barry Perl, Rod Buenconsejo, and Manny Quiroga.

Vote: No: John Patnik, Barry Asmus,

Motion passed (summary: Yes =5, No =2, Abstain = 0).

 

 

 

 

 

 

 

 

 

 

Case: 3-08-3754

Owner: Sandra & Ronald Pelham

Address: 125 NE 98th St.

 

Ms. Pelham was present to state case and mentioned that she was not aware a lien was placed on the home. They did receive a notice from code enforcement when they had the violation but thought it had been cured. Now that property is for sale she removed awning frame and cured violation within a couple of days of learning of lien. Offer to pay $750 payable within 30 days.

 

Moved that upon receipt of $750 payable within $30 days the lien on this property and this property only be release.

 

Moved by Barry Perl, Seconded by Robert Swan.

 

Motion amended to read moved that upon receipt of $750 payable within $30 days the lien be released.

 

Moved by Barry Perl, Seconded by Robert Swan.

 

Vote: Yes: Robert Vickers, Robert Swan, Barry Perl, Rod Buenconsejo, and Manny Quiroga.

Vote: No: Barry Asmus,

Motion passed (summary: Yes =6, No =1, Abstain = 0).

 

 

 

Case: 9-09-6307

Owner: Claudia Moore

Address: 310 NE 98th St.

 

Claudia Moore was present and reiterated what she said last month to board about not being aware of violation still existed and thought it had been remedied. Offer to pay $500 payable within 180 days.

 

Upon receipt of $500 payable within 180 days that the lien on this property be released.

Moved by Barry Perl, Seconded by Robert Swan

Discussion by board.

 

Vote: Yes: Robert Vickers, John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo, and Manny Quiroga.

Vote: No: Barry Asmus,

Motion passed (summary: Yes =6, No =1, Abstain = 0).

 

 

 

 

 

 

Case: 6-11-8695; 10-10-7873

Owner: Yael and Liron Beltzer

Address: 1201 NE 100 St.

 

Yael Beltzer was present and stated she had hired contractor to open and close permits and he did not. She was not aware that he had not so in a timely fashion until she closed dirty roof violation. She also stated she had a hard time trying to find someone to pressure clean roof. Offer to pay $300 payable within 30 days

 

Upon the receipt of $500 payable within 60 days, release the lien on this property and this property only be released.

Moved by Barry Asmus, Seconded by Robert Vickers.

 

Vote: Yes: Robert Vickers, John Patnik, Robert Swan, Barry Asmus,

Rod Buenconsejo, and Manny Quiroga.

Vote: No: Barry Perl.

Motion passed (summary: Yes =6, No =1, Abstain = 0).

 

 

Motion to approve minutes.

Moved by Robert Swan, Seconded by Barry Asmus.

 

 

 

NEXT MEETING

The next meeting will be on October 04, 2012.

 

 

ADJOURNMENT

September 06, 2012 Code Board meeting was adjourned.