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CODE ENFORCEMENT BOARD MEETING MINUTES - AUGUST 3, 2006

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Aug 3, 2006, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman Barry Perl.

 

PRESENT

Barry Perl, Chairman

Barry Asmus

John Patnick

Robert Vickers

Manny Quiroga

Rod Buenconsejo

ALSO PRESENT

Greg Garno, Village Attorney

 Mike Orta, Code Enforcement Officer

 Anthony Flores, Code Enforcement Officer

 Valerie Bierley, Administrative Assistant

ABSENT

John Busta

Richard Sarafan

Village Attorney

 

Mr. swore in all those participating in the meeting.

 

ITEM I: FIRST HEARING

Case #: 2006-07178
Owner: Peter Mollers    
Address: 9025 NE 4 Ave.
Section 12-82
Violations: Nondwelling structures and fences

The officer, Michael Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The Code officer stated the home owner has a torn screen enclosure which still exists. The owner, Mr. Finnie was there to present his case. He stated he does agree with the violation. Mr. Finnie explained his trouble with finding a repairman and answered questions from the Board. 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 12-128 of the Miami Shores Village Code.  The violator shall correct the violation by Sept. 3, 2006 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 $15.00 per violation were assessed to recoup the Village’s expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. The Motion passed unanimously 6-0.

 

Summary Adjudication For 1st Hearings
Case #’s:  2005-06103, 2006-06939, 2006-06958, 2006-06999, 2006-07027, 2006-07039, 2006-07063, 2006-07114, 2006-07115, 2006-07116, 2006-07135, 2006-07146, 2006-07165, 2006-07175, 2006-07177, 2006-07204, 2006-07225

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. Vickers 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 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 of the cases, 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.  Mr. Buenconsejo seconded the motion.  The motion passed unanimously 6-0.

 

ITEM II: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 2005-06135, 2006-06741, 2006-06800, 2006-06828, 2006-06830, 2006-06865, 2006-06882, 2006-06968, 2006-07005, 2006-07006, 2006-07009, 2006-07029, 2006-07030, 2006-07048, 2006-07094, 2006-07095, 2006-07105, 2006-07149

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. Quiroga seconded the motion and the vote was unanimous in favor of the motion 6-0.

 

ITEM III: REQUEST FOR RELIEF

Case: 2004-05030
Owner: Paul Imbrone
Address: 56 NW 93 St.

The property owner, Paul Imbrone was there to present his case. Mr. Imbrone stated the violation had been corrected before the compliance date. The board questioned Mr. Flores, and Mr. Imbrone. After discussion from the board Mr. Imbrone proposed to pay $15.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Perl seconded the motion. The vote was tied 3-3. The motion was denied. Mr. Asmus, Mr. Vickers and Mr. Quiroga voted no.

 

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

The property owner, Lionel Casey was there to present his case. Mr. Casey stated he was not aware he needed a permit. After discussion from the board Mr. Casey proposed to pay the amount of $15.00. Mr. Asmus moved to deny proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2004-05294, 2004-05295, 2004-05296
Owner: Claudio Rodriguez
Address: 335 NE 101 St.

The property owner, Claudio Rodriguez was there to present his case. Mr. Rodriguez stated he thought once he pulled the permit he would automatically be in compliance. After further discussion from the board Mr. Rodriguez proposed to pay $1,500.00 within 7 days. Mr. Buenconsejo moved to accept proposed offer and Mr. Patnik seconded the motion. The vote was in favor of motion 4-2. Both Mr. Asmus and Mr. Quiroga voted no.

 

Case: 2005-06533, 2005-06534, 2005-06535, 2005-06537
Owner: Andre Dormus
Address: 101 NW 106 St.

The property owner, Andre Dormus and his son Leslie Dormus and daughter, Andrea Gauthier were there to present his case.  Mr. Dormus stated the violations were corrected by the deadline. After further discussion Mr. Dormus is proposing to pay $1,000.00 in 7 days. Mr. Vickers made a motion to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-06647
Owner: Mathieu Desir
Address: 104 NW 102 St.

The property owner, Mathieu Desir, was there to present his case. Mr. Desir stated he previously came before the board in which he was denied, and he explained his limited financial situation. After a discussion by the Board, Mr. Desir proposed to pay $500.00 within 30 days. Mr. Quiroga moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 4-2. Mr. Asmus and Mr. Patnik both voted no. The motion was accepted.

 

Case: 003496, 004874, 005298, 005301, 006008, 006009, 00727, 008136, 008137, 2000-02031, 2000-01757
Owner: Andre Homere & Marie Louis
Address: 29 NW 110 St.

The property owner, Marie Louis, her brother Alex Louis and their attorney, Mark Trop was there to present the case. Mr. Trop stated his clients agree with the violations and after explaining their financial difficulties as well as poor home ownership, they are looking for relief. After the Board asked Mr. Trop and the property owner a few questions, the property owner proposed to pay $7,000.00 in 5 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-06205
Owner: Taina Rosado
Address: 89 NW 110 St.

The Property Owner was not there to present her case. Mr. Quiroga moved to deny proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion. 6-0

 

ITEM IV. NEXT MEETING

The next meeting will be on Sept. 7, 2006

 

ITEM V. ADJOURNMENT

Mr. Asmus made a motion for adjournment and Mr. Perl seconded the motion. Motion passed 6-0.

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