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CODE ENFORCEMENT BOARD MEETING MINUTES - AUGUST 2, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 2, 2007, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers.

 

PRESENT

Robert Vickers, Chairman   

Barry Asmus

John Patnik

Rod Buenconsejo

John Busta

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

ABSENT

Barry Perl

Manny Quiroga

Valerie Bierley, Clerk

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Busta moved to table May 3 minutes until Sept. 6th, Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0. Mr. Asmus moved to approve the July 7th minutes and Mr. Busta seconded the motion. The vote was unanimous in favor of them motion 5-0.

 

ITEM II: FIRST HEARING 

Case: 7-07-2420
Owner: Graham Allan              
Address: 140 NW 104 St.
Section 6-4
Violations:  Unauthorized Construction/ Alteration

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. Mr. Allan, the owner of the property was there to present his case. He did not agree there was a 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 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by Aug 9, 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 weather 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 5-07-2192
Owner: Bruce Marley              
Address: 500 NE 102 St.
Section 13-1; 520(a)
Violations:  Storage of inoperable motor vehicles; Commercial Vehicles.

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 of the property, Bruce Marley did not attend the meeting. Mr. Buenconsejo moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1; 520(a) in the Miami Shores Village Code The violator shall correct the violation by Aug. 9, 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 weather 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 $100.00 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. Patnick seconded the motion. The vote was unanimous in favor of the motion 5-0

 

Case: 7-07-2405
Owner: Miguel Ramos 
Address: 1482 NE 104 St.
Section 520(h)(i); 12-105
Violations:  Deteriorated Parking Area; Sewage Disposal

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, Miguel Ramos did not attend the meeting. Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 520(h)(i); 12-105 of the Miami Shores Village Code.  The violator shall correct the violation by Aug. 9, 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 weather 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 $250.00 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Summary Adjudication For 1st Hearings:
Case #’s:  2-07-1651; 3-07-1719; 3-07-1720; 3-07-1737; 3-07-1764; 3-07-1844; 4-07-1881; 4-07-1944; 4-07-1971; 4-07-1973; 4-07-1974; 4-07-1975; 4-07-1980; 4-07-2005; 5-07-2037; 5-07-2103; 5-07-2135; 5-07-2178; 5-07-2184; 5-07-2205; 6-07-2314; 6-07-2318; 6-07-2332; 6-07-2338; 6-07-2340; 7-017-2351; 7-07-2360; 7-07-2378; 7-07-2413; 7-07-2415; 7-07-2417; 7-07-2418

Mr. 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. 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

Case: 3-07-1790
Owner: Anita Pena      
Address: 29 NW 99 St.

The officer, Mike Orta, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. The owner’s son, Mr. Wells was there to present the case. He continued to deny there were any violations. The Board questioned Mr. Wells and Mr. Orta and after a discussion, Mr. Buenconsejo made a motion to impose the fines previously adjudicated. Mr. Busta seconded the motion and the vote was unanimous in favor of the motion 5-0.

 

Case: 4-07-1864
Owner: Anita Pena      
Address: 29 NW 99 St.

The officer, Mike Orta, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. The owner’s son, Mr. Wells was there to present the case. He continued to deny there were any violations. The Board questioned Mr. Wells and Mr. Orta and after a discussion, Mr. Buenconsejo made a motion to impose the fines previously adjudicated. Mr. Patnik seconded the motion and the vote was unanimous in favor of the motion 5-0.

 

Summary Adjudication: 
Case’s #: 10-06-1296; 3-07-1778; 3-07-1779; 3-07-1821; 4-07-1866; 4-07-1890; 4-07-1891; 4-07-1895; 4-07-1896; 4-07-1898; 4-07-1918; 4-07-1919; 4-07-1988; 4-07-1992; 4-07-1993; 5-07-2038; 5-07-2040; 5-07-2104; 5-07-2105; 5-07-2106; 5-07-2107; 5-07-2116; 5-07-2119; 5-07-2147; 5-07-2149; 5-07-2150; 5-07-2207

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

 

ITEM IV: REQUEST FOR RELIEF

Case: 4821; 2003-03706; 2005-06296
Owner: Paulo Manso De Sousa
Address: 52 NW 99 St.

The property owner’s father, Adriano Manso De Sousa and Jeff Jones were there to present Mr. Manso De Sousa’s case. The board asked several questions and after a discussion, Mr. Jones proposed to pay $8,000.00 within 60 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 3-2, both Mr. Asmus and Mr. Patnik voted no.

 

Case: 2005-06484
Owner: Juan Piedrahita
Address: 9525 NW 1 Ct.

The property owner Mr. Piedrahita was there to present his case. The board asked several questions and after a discussion, Mr. Piedrahita proposed to pay $1,600.00 within 45 days. Mr. Asmus moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 2003-03864
Owner: Edner Janvier
Address: 67 NW 109 St.

The property owner was there to present his case. The board asked several questions and after a discussion, Mr. Janvier proposed to pay $1.00 within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Busta seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

ITEM V. NEXT MEETING

The next meeting will be on Sept. 6, 2007

 

ITEM VI. ADJOURNMENT

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

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