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CODE ENFORCEMENT BOARD MEETING MINUTES - AUGUST 2, 2012.

 

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday August 02, 2012

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 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, Mr. Suarez.

 

FIRST HEARING

 

Chairman Quiroga states no one is present for first hearing.

Summary Adjudication for 1st Hearings:

 

Case#’s:1-12-9500;3-12-9674;3-12-9754;4-12-9805;5-12-9922;5-12-9945;8-12-9996;5-12-9997;6-12-10032;6-12-10092;7-12-10122;7-12-10123;7-12-10126;7-12-10146.

 

Code office, Anthony Flores stated that property 1030 NE 104 St. is now in compliance but requests a repeat violation order for this property because it is their third offense. The board will adjudicate case number 7-12-10177 separately.

 

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 Vickers, Seconded by Barry Asmus.

I move for summary adjudication of all such cases except for case 7-12-10177 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.

 

Code officer Anthony Flores gave summary for case 7-12-10177, property address 1030 NE 104 St. Owner has been asked to remove recreational vehicle on repeated occasions. Village attorney advices board of action and expense with repeat violation and reads code.

Board Discussion.

 

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

With respect to case(s) 7-12-10177: I move for a finding of fact and conclusion of law that there has existed a violation of code Section(s) 501(S)1 for 2 days and has been brought into compliance. A fine is hereby assessed in the amount $50 a day for a total of $100 in addition to Enforcement Fees in the amount of $120 for a total of $220.00

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

Motion passed unanimously

 

 

PENALTY HEARINGS

 

Case: 5-12-9930

Owner: Jean Baptiste & Rose Thermonfils

Address: 10627 NE 10 Place

Violation: Sec. 6-4 (a); 6-1 Unauthorized construction/expired permit(s). Adoption of technical code (Florida building code.)

 

 

Mr. Baptiste was present and stated why he needed to change fence and was not aware of the code. Code office Anthony Flores stated that Mr. Themonfils was addressing the wrong case and gave summary of current violation being addressed by board, which was for expired permits of windows placed on his home. Chairman Quiroga clarified process and advised of steps that homeowner needs to take in order to remedy violation. Board members asked questions.

 

Action: Accept, Moved by Barry Perl, Seconded by Robert Swan

Motion: Continue case for one month (30 days) to allow Mr. Jean Baptiste to get his paperwork squared away and remedy violation.

Discussion by board.

Motion passed unanimously.

 

Summary Adjudication for Penalty Hearings:

 

Case #’s: 2-12-9589; 4-12-9889; 4-12-9893; 5-12-9917; 5-12-9941; 5-12-9948; 5-12-9971; 5-12-9983; 6-11-8695; 6-12-10047; 6-12-10054; 6-12-10090; 6-12-10091.

 

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 Rod Buenconsejo, Seconded by Barry Perl.

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: 4-09-5579

Owner: Alexander & Karen Rundlet

Address: 113 NW 108 St.

 

Karen Rundlet was present and stated case and apologized for not filing paper work in timely fashion. Board members discussed case. Attorney and staff recommended approval. Offer to pay $1000 payable within 60 days.

 

Motion: Accept upon receipt of $1000 payable within 60 days and release lien on this property and this property only.

Moved by Barry Perl, Seconded by Robert Swan

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

No: Barry Asmus, Rod Buenconsejo,

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

 

 

Case: 9-09-6307

Owner: Claudia B Moore

Address: 310 NE 98 St.

 

Claudia Moore was present and stated she did not know she had a lien on her property for her deteriorated swale area. Board members asked questions’ regarding case and verified certified mail was received. Officer Flores testified that he goes by property almost every day and violation was never corrected. Offer to pay 1.00.

 

Board has chosen not make a motion.

 

 

Case: 9293; 12-11-9419; 12-11-9420; 3-07-1803; 3-07-1804; 3-07-1805.

Owner: Paul West

Address: 225 NE 96 St.

 

Christopher Kelley was present on behalf of owner and explained change of circumstances at the property and there is no pending sale, contract has fallen through. Mr. Kelley explained he did some research of property through the courts. Attorney Sarafan explained foreclosure process and recommends approval of offer. Board members asked questions about permits and loan. Offer to pay 12,500 payable within 60 days.

 

 

Move to accept offer of $12,500 payable within 60 days and release lien on this property and this property only.

 

Moved by Robert Swan, Seconded by Barry Perl.

Vote: Yes: Robert Vickers, Robert Swan, Barry Perl, and Chairman Quiroga.

No: John Patnik, Barry Asmus, Rod Buenconsejo,

Motion passed (summary: Yes = 4, No = 3, Abstain = 0).

 

 

Case: 12-11-9290; 10-11-9120

Owner: Crystal Connor

Address: 1200 NE 91 Terrace

 

Crystal Connor was present and stated why she was not in compliance but remedied violation as soon as she was aware of problem. Officer Mike Orta corroborated information. Board members asked questions. Offer to pay 1500 within in 10 days.

 

Move to accept offer of $1,500 payable within 30 days and release lien on this property and this property only.

 

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: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630

Owner: Louis Rosa. C/o Maria Rosa

Address: 1172 NE 103 St.

 

Maria Rosa and Angel were present before the board on previous occasions requesting partial relief and attorney Richard Sarafan gave summary of case and stated what was now being requested by owner. Board members discussed case and asked questions. Maria Rosa is requesting to release 631 Jefferson Ave, unit 404 and 1900 Meridian Ave apt. 407. Agent was present and stated property is now in foreclosure. Offer to pay $1,500 payable within 60 days.

 

Move to accept offer of $1,500 payable within 60 days and release lien on 631 Jefferson Ave, unit 404 and 1900 Meridian Ave apt. 407 with remainder of lien to stay on property of Miami Shores payable within 60 days.

 

Moved by Robert Swan, Seconded by Rod Buenconsejo.

Discussion by board.

 

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

Motion passed unanimously.

 

 

 

 

July minutes approved by Robert Swan, Seconded by Barry Asmus.

 

Board members discuss meeting.

 

 

NEXT MEETING

The next meeting will be on September 06, 2012.

 

 

ADJOURNMENT

August 02, 2012 Code Board meeting was adjourned.