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CODE ENFORCEMENT BOARD MEETING MINUTES - DECEMBER 7, 2006

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Dec. 7, 2006, 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

John Busta

Barry Perl

Rod Buenconsejo

Manny Quiroga

ALSO PRESENT

Richard Sarafan, Village Attorney

Greg Garno, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

 

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

 

ITEM I: APPROVAL OF MINUTES

There were no minutes to approve. The approval of minutes for November, have been moved to the next meeting.

 

ITEM II: FIRST HEARING

Case: 10-06-1231
Owner: Joseph Williams                       
Address: 9701 NE 3 Ave
Section 13-1
Violations:  Storage of inoperable motor 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, Mrs. Williams was there to present her case. She stated she is the sole owner of the property. Mrs. Williams does agree with the violation, she has asked the Board members for an extension due to financial difficulties. After answering questions from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 of the Miami Shores Village Code.  The violator shall correct the violation by Dec. 22, 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 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. Quiroga seconded the motion. The Motion passed unanimously 7-0.

 

Case: 10-06-1230
Owner: Claudia Moore            
Address: 310 NE 98 St.
Section 13-1
Violations:  Storage of inoperable motor 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, Mrs. Moore’s son Christopher Moore was there to present his case. He stated he does agree with the violation, he has asked the Board members for an extension due to financial difficulties. After answering questions from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 13-1 of the Miami Shores Village Code.  The violator shall correct the violation by Dec. 22, 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 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. Asmus seconded the motion. The Motion passed unanimously 7-0.

 

Case: 10-06-1269
Owner: Micheal & Loretta Fabricant                
Address: 622 NE 97 St.
Section 20-17; 520(i)
Violations:  Failure to maintain parkway

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, Mr. Fabricant was there to present his case. He stated he does agree with the violation, he has asked the Board members for an extension. After answering questions from the Board, Mr. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 20-17; 520(i) of the Miami Shores Village Code.  The violator shall correct the violation by Dec. 22, 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 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 Motion passed in favor of the motion 6-1. Mr. Perl voted no.

 

Summary Adjudication For 1st Hearings:
Case #’s:  2006-07147, 2006-07256, 2006-07318, 10-06-1241, 10-06-1247, 10-06-1251, 10-06-1282, 10-06-1289, 10-06-1290, 10-06-1303, 11-06-1338, 1106-1355, 09-06-1058, 09-06-1152, 09-06-1165, 09-06-1197, 09-06-1207, 09-06-1210

Chairman Vickers read each case and address into the record and asked if anyone else was present.  No one was present. The officer, Mike Orta, testified that Affidavits of Non-Compliance and evidence of violation existed in each of the files. Mr. Quiroga 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. Perl seconded the motion.  The motion passed unanimously 7-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 2006-07310, 10-06-1245. 10-06-1248, 08-06-1018, 09-06-1066, 09-06-1103, 09-06-1110, 09-06-1137, 09-06-1151

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. Quiroga 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 7-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2004-05290, 2004-05292
Owner: Didier Vansteenbergh / Jennifer Becker
Address: 54 NW 100 Terr.

The property owner’s attorney, Ms. Quintana was there to present their case. The board asked Mrs. Quintana several questions. After discussion from the board Ms. Quintana proposed to pay $3,700.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-2. Mr. Asmus and Mr. Perl both voted no.

 

Case: 2005-06185
Owner: Sergio Perez
Address: 6 NE 107 St. 

Mr. Perez was there to present his case. The Board asked Mr. Perez several questions and after further discussion Mr. Perez proposed to pay $500.00 in 10 days. Mr. Perl made a motion to deny the proposed offer and counter offered with the amount of $2,500 which Mr. Perez declined. Mr. Busta seconded the motion. The vote was unanimous in favor of the motion 7-0.   

 

Case: 2005-06533, 2005-06534, 2005-06537, 2006-06648
Owner: Andre & Suze Dormus
Address: 101 NW 106 St. 

The property owner, Mr. Dormus was there to present his case. The Board questioned Mr. Dormus and Mr. Flores. After further discussion from the board Mr. Dormus proposed to pay $2,500.00 in 30 days. Mr. Patnik made a motion to deny the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

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

The property owner’s neighbor, Mr. Delamos was there to present Mr. Laney’s case. The Board questioned Mr. Delamos and after further discussion from the board Mr. Delamos proposed to pay $12,898.00 in 30 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the motion 6-1. Mr. Quiroga voted no.

 

Case: 2000-01540
Owner: Jean Moise
Address: 10804 NW 2 Ave. 

The property owner, Mr. Moise was there to present his case. The Board questioned Mr. Moise. After further discussion Mr. Moise proposed to pay $1,000.00 in 30 days. Mr. Perl made a motion to accept an offer of $1,522.50 and Mr. Buenconsejo seconded the motion. The vote was not in favor of the motion. The request was denied. 4-3 Mr. Asmus, Mr. Patnik, Mr. Busta and Mr. Quiroga all voted no.

 

ITEM V. DISCUSSION

The Board discussed the process for adjustments and corrections concerning the financial status on cases.

 

ITEM VI. NEXT MEETING

The next meeting will be on Feb. 1, 2007

 

ITEM VII. ADJOURNMENT

Mr. Asmus made a motion for adjournment and the motion passed 7-0. 

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