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CODE ENFORCEMENT BOARD MEETING MINUTES - FEBRUARY 2, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Nov. 2, 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

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

 

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

 

ITEM I: APPROVAL OF MINUTES

The Clerk withdrew the minutes for corrections.

 

ITEM II: FIRST HEARING

Case: 9-06-1204
Owner: Alix Louis                    
Address: 161 NW 108 St.
Section 12-82
Violations:  Nondwelling structures and fences

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. Louis was there to present his case. He stated he does agree with the violation. 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 12-82 of the Miami Shores Village Code.  The violator shall correct the violation by Feb. 16, 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. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 9-06-1205
Owner: Alix Louis                    
Address: 161 NW 108 St.
Section 520(h)(i)
Violations:  Deteriorated Parking Area

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. Louis was there to present his case. He stated he does agree with the violation. Mr. Louis explained his trouble with finding a contractor 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 520(h)(i) of the Miami Shores Village Code.  The violator shall correct the violation by March 1, 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Summary Adjudication For 1st Hearings:
Case #’s:  2006-07228, 2006-07355, 2006-07356, 2006-07376, 2006-07382, 10-06-1262, 10-06-1263, 10-06-1264, 10-06-1265, 10-06-1281, 10-06-1283, 01-07-1485, 1/07/1486, 11-06-1328, 11-06-1343, 11-06-1344, 11-06-1345, 11-06-1348, 11-06-1353, 11-06-1363, 11-06-1370, 11-06-1375, 11-06-1399, 11-06-1400, 11-06-1403, 11-06-1406, 12-06-1428, 12-06-1433, 12-06-1436, 12-06-1438, 12-06-1440, 12-06-1441, 12-06-1446, 12-06-1447, 12-06-1449, 12-06-1453, 12-06-1458, 9-06-1126, 9-06-1127, 9-06-1167, 9-06-1175

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. 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 vote was unanimous in favor of the motion 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: 2003-04053, 2004-05279, 2004-05280, 2004-05281
Owner: Denise Ghariani
Address: 440 NE 105 St.

The property owner, Ms. Ghariani and her lawyer Mr. Aresti were there to present her case. The board asked several questions and after a discussion, Ms. Ghariani proposed to pay $25,000.00 within 60 days. Mr. Perl moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 5-2. Mr. Vickers and Mr. Buenconsejo voted no.

 

Case: 3496, 4874, 5298, 5301, 6008, 6009, 7727, 8136, 8137, 2000-02031, 2000-01757
Owner: Andre Homere & Marie Louis
Address: 29 NW 110 St.

Alix Louis, Ms. Louis’ brother was there to present her case. The Board asked Mr. Louis several questions and after further discussion Mr. Louis proposed to pay $17,000.00 in 90 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.   

 

Case: 2005-06533, 2005-06534, 2005-06535, 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 $6,000.00 in 90 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik 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.

Mr. Balamo, Mr. Laney’s neighbor was there to present his case. The Board questioned Mr. Balamo and after further discussion Mr. Balamo proposed to pay $22,347.00 within 5 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 5-2. Mr. Vickers and Mr. Perl voted no.

 

ITEM V. NEXT MEETING

The next meeting will be on March 1, 2007

 

ITEM VI. ADJOURNMENT

Mr. Perl made a motion for adjournment Mr. Asmus seconded it and the motion passed unanimously 7-0. 

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