LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, January 7th, 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday January 7th, 2010, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

ROLL CALL  

PRESENTS:
Robert Vickers, Chairman
Barry Perl
Barry Asmus
Robert Swan
John Patnik
Rod Buenconsejo
ALSO PRESENT:
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
Manny Quiroga

All witnesses were sworn in by the Village Attorney, Mr. Sarafan.

FIRST HEARING

Case: 8-09-6115
Owner: Victor & Elizabeth Oharriz
Address: 276 NE 105 St.
Section: 12-128; 12-133
Violations: Weather/Water tight structure; Unsightly Fascia, Soffit, House Exterior

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. Oharriz was there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-128; 12-133 of the Miami Shores Village Code. The violator shall correct the violation by March 3, 2010 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 vote was unanimous in favor of the motion 6-0.

Summary Adjudication For 1st Hearings:

Case #’s: 10-09-6370; 10-09-6429; 10-09-6437; 10-09-6442; 10-09-6462; 10-09-6468; 10-09-6470; 10-09-6471; 10-09-6474; 10-09-6475; 11-09-6519; 11-09-6524; 11-09-6529; 12-09-6567; 12-09-6569; 8-09-6087; 8-09-6103; 8-09-6120; 9-09-6212; 9-09-6268; 9-09-6306; 9-09-6307

Chairman 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. Perl 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 by February 3rd 2010 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 6-0.

Case #’s: 11-09-6523; 11-09-6536; 11-09-6543;

Mr. Perl 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 by January 12th, 2010 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 6-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-09-6341; 10-09-6411; 10-09-6458; 10-09-6461; 11-09-6480; 11-09-6487; 11-09-6491; 6-09-5829; 9-09-6269; 9-09-6314; 9-09-6315; 9-09-6320;

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

REQUEST FOR RELIEF

Case: 9-07-2702
Owner: Jacqueline Butler
Address: 1461 NE 102 St.

Mrs. Butler was there to present the case. The board asked several questions and after a discussion, Mrs. Butler proposed to pay $7,500.00 within 30 days. Mr. Asmus moved to accept the proposed amount for release of the above referenced property only, and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted no.

MINUTES

Mr. Asmus moved to accept December 3rd 2009 minutes and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

NEXT MEETING

The next meeting will be on February 4, 2009.

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Patnik seconded it and the motion passed unanimously 6-0.