LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, July 2, 2009

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 2nd, 2009, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman, Barry Perl.

ROLL CALL  

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

 

All witnesses were sworn in by Vice Chairman Perl.

FIRST HEARING

Case: 4-09-5663
Owner: James Rushfeldt
Address: 540 NW 113 St.
Section: 12-128
Violations: Weather/ Water Tight Structures

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. Rep. Jim Chacon was there to present the case. 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 Aug 31, 2009 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 vote was unanimous in favor of the motion 5-0.

Case: 4-09-5664
Owner: James Rushfeldt
Address: 540 NW 110 St.
Section: 12-133
Violations: 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. Rep. Jim Chacon was there to present the case. Following discussion by the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Aug 1, 2009 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 vote was unanimous in favor of the motion 5-0.

Case: 4-09-5665
Owner: James Rushfeldt
Address: 540 NW 110 St.
Section: 12-82
Violations: Nondwelling Structures & 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. Rep. Jim Chacon was there to present the case. 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 July 12, 2009 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 vote was unanimous in favor of the motion 5-0.

Case: 1-09-5253
Owner: Elizabeth Binai
Address: 957 NE 99 St.
Section: 12-133
Violations: Depreciation of surrounding property

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner was there to present the case. 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 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Aug. 1, 2009 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 vote was unanimous in favor of the motion 5-0.

Case:4-09-5693
Owner: Ramiro Del Amo
Address: 9259 N Bayshore Dr.
Section: 6-4
Violations: Permits – application generally

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner was not there to present the case. Following discussion by the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 6-4 of the Miami Shores Village Code. The violator shall correct the violation by Aug 1, 2009 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 $250.00 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 in favor of the motion 4-1. Mr. Quiroga voted no.

Case: 4-09-5694
Owner: Ramiro Del Amo
Address: 9259 N Bayshore Dr.
Section: 12-133
Violations: Unsightly Fascia, Soffit, House Exterior

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner was not there to present the case. Following discussion by the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133 of the Miami Shores Village Code. The violator shall correct the violation by Aug 1, 2009 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 $250.00 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. Busta seconded the motion. The vote was in favor of the motion 4-1. Mr. Quiroga voted no.

Case: 4-09-5696
Owner: Ramiro Del Amo
Address: 9259 N Bayshore Dr.
Section: 12-128
Violations: Weather/Water Tight Structures

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner was not there to present the case. Following discussion by the Board, Mr. Asmus 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 Aug 1, 2009 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 $250.00 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. Busta seconded the motion. The vote was in favor of the motion 4-1. Mr. Quiroga voted no.

Case: 5-09-5720
Owner: Karen Robinson
Address: 1290 NE 100 St.
Section: 12-192 ; 10-9
Violations: Plumbing Systems ; Septic Tank, Drain field left open

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 was not there to present the case. Following discussion by the Board, Mr. Asmus moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-192 and 10-9 of the Miami Shores Village Code. The violator shall correct the violation by July 8, 2009 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 $250.00 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 vote was unanimous in favor of the motion 5-0.

Case: 5-09-5723
Owner: John Enriquez
Address: 10 NW 110 St.
Section: 539/540 ; 13-1
Violations: Home occupation requirements / home professional ; 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 was not there to present the case. 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 539/540 and 13-1 of the Miami Shores Village Code. The violator shall correct the violation by July 7, 2009 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 $250.00 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 in favor of the motion 4-1. Mr. Asmus voted no.

Case: 6-09-5790
Owner: Leslie Mary Smith
Address: 1053 NE 94 St.
Section: 501(s)(1)
Violations: Recreation Vehicle/ Trailers on premises

The officer, Mike Orta, explained the nature of the violation and testified that the violation still existed on the property. Pictures were submitted as evidence. The owner was not there to present the case. Following discussion by the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 501(s)(1) of the Miami Shores Village Code. The violator shall correct the violation by July 7, 2009 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 $250.00 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 vote was unanimous in favor of the motion 5-0.

Summary Adjudication For 1st Hearings:

Case #’s: 1-09-5243; 1-09-5244; 2-09-5388; 2-09-5419; 2-09-5420; 3-09-5519; 4-09-5570; 4-09-5571; 4-09-5579; 4-09-5581; 4-09-5602; 4-09-5605; 4-09-5649; 4-09-5652; 4-09-5654; 4-09-5655; 5-09-5727; 5-09-5728; 5-09-5729; 6-09-5783; 6-09-5792; 6-09-5866

Vice 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. 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 by August 6th, 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 5-0.

PENALTY HEARINGS

Case: 2-09-5447
Owner: Ernesto Hernandez
Address: 9404 N Miami Ave.

The officer, Mike Orta, testified that violations still existed on the property. Pictures were submitted to the Board as evidence of the violation. The owner Mr. Hernandez was there to present the case. He denied there were any violations. The Board questioned Mr. Hernandez and Mr. Orta and after a discussion, Mr. Asmus made a motion to table the case until Aug. 6th 2009. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 5-0.

Case: 2-09-5449
Owner: Ernesto Hernandez
Address: 9404 N Miami Ave.

The officer, Mike Orta, testified that violations still existed on the property. Pictures were submitted to the Board as evidence of the violation. The owner Mr. Hernandez was there to present the case. He denied there were any violations. The Board questioned Mr. Hernandez and Mr. Orta and after a discussion, Mr. Asmus made a motion to table the case until Aug. 6th 2009. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 5-0.

Summary Adjudication:

Case’s #: 2-09-5375; 2-09-5416; 3-09-5478; 4-09-5576; 4-09-5597; 4-09-5608; 4-09-5624; 4-09-5627; 4-09-5645; 4-09-5646; 4-09-5651; 4-09-5668; 4-09-5683; 4-09-5686; 4-09-5687; 4-09-5688; 5-09-5735

Vice Chairman 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. Busta 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 5-0.

REQUEST FOR RELIEF

Case: 4-08-4011
Owner: Mark Stose and Mary Whoffer
Address: 295 NE 95 St.

The representative, Nelson Oliva was there to present the case. The board asked several questions and after a discussion, Mr. Oliva proposed to pay $1,000.00 within 30 days. Mr. Patnik moved to accept the proposed offer for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case: 9-07-2730; 3-08-3841; 3-08-3842
Owner: Bank Of America Home Loans (service for) Deutsche Bank National Trust Co.
Address: 9333 N Miami Ave.

The representative Ricardo Bermudez was there to present the case. The board asked several questions and after a discussion, Ms. Bermudez proposed to pay $5,905.00 within 10 days. Mr. Busta moved to accept the proposed amount for release of the above referenced property only, and Mr. Quiroga seconded the motion. The vote was in favor of the motion 4-1. Vice Chairman Perl voted no.

Case: 4-08-3986
Owner: Ronald Platt
Address: 515 NE 93 St.

Mr. Platt was there to present the case. The board asked several questions and after a discussion, Mr. Platt proposed to pay $250.00 within 10 days. Mr. Quiroga moved to accept the proposed offer for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case: 4-08-4155
Owner: David and Doris Obregon
Address: 10400 N Miami Ave.

The representative Mark Bloomstein was there to present the case. The board asked several questions and after a discussion, Mr. Bloomstein proposed to pay $1,100.00 within 30 days. Mr. Asmus moved to accept the proposed offer for release of the above referenced property only, and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case: 10-07-2966; 10-08-4927; 11-07-3009
Owner: GMAC Mortgage LLC
Address: 1255 NE 93 St.

The representative Mark Diez was there to present the case. The board asked several questions and after a discussion, Mr. Diez proposed to pay $3,000.00 within 7 days. Mr. The proposed amount was denied due to lack of motion.

Case: 10-08-4974
Owner: Christopher and Natalia Hunt
Address: 54 NE 100 St..

Mr. Hunt was there to present the case. The board asked several questions and after a discussion, Mr. Hunt proposed to pay $250.00 within 7 days. Mr. Quiroga moved to accept the proposed offer for release of the above referenced property only, and Mr. Busta seconded the motion. The vote was in favor of the motion 3-2. Mr. Asmus, Mr. Patnik and Vice Chairman Perl voted no.

Case: 9-06-1166; 4-07-1881
Owner: Suresh Mody
Address: 1 NW 110 St.

The representative Mathew Pones was there to present the case. The board asked several questions and after a discussion, Mr. Pones proposed to pay $6,000.00 within 7 days. The proposed amount was denied due to lack of motion.

Case: 7-07-2452
Owner: Michelle Minagorri
Address: 901 NE 91 Tr.

The representative Michael Compo was there to present the case. The board asked several questions and after a discussion, Mr. Asmus moved to table the case unitl Aug. 6th 2009. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 5-0.

MINUTES

Mr. Busta moved to accept June 4th 2009 minutes and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

NEXT MEETING

The next meeting will be on Aug. 6, 2009.

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Perl seconded it and the motion passed unanimously 5-0.