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CODE ENFORCEMENT BOARD MEETING MINUTES - JULY 5, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 5, 2007, 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

Manny Quiroga

Barry Perl

John Patnik 

ALSO PRESENT  

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk

ABSENT  

Rod Buenconsejo

John Busta

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Asmus moved to approve May 3 minutes, Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 5-0. The June minutes were withheld until Aug. 2nd meeting.

 

ITEM II: FIRST HEARING 

Case: 3-07-1752
Owner: Judith Williams            
Address: 86 NE 95 St
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. Mrs. Williams, the owner of the property was there to present her case. She agreed that there was a 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 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by Aug 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 $ 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. Perl seconded the motion. The vote was unanimous in favor of the motion 5-0

 

Case: 3-07-1752
Owner: Judith Williams            
Address: 86 NE 95 St
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. Mrs. Williams, the owner of the property was there to present her case. She agreed that there was a 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 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by Aug 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 $ 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. Perl seconded the motion. The vote was unanimous in favor of the motion 5-0

 

Case: 4-07-1926
Owner: Andre Dormus
Address: 101 NW 106 St.
Section 12-82; 12-108
Violations:  Nondwelling Structures and Fences; Insect and Rodent Harborage

 

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, Andre Dormus did not attend the meeting. 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; 12-108 of the Miami Shores Village Code.

  The violator shall correct the violation by July 10, 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 $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.

 

Case: 5-07-2067
Owner: Charles Safdie 
Address: 126 NW 108 St.
Section 400/401; 13-1
Violations:  Violation of Schedule of Regulations; 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, Charles Safdie did not attend the meeting. 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 400/401; 13-1 of the Miami Shores Village Code.  The violator shall correct the violation

 by July 10, 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. Quiroga seconded

 the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 5-07-2104
Owner: Yojana Menendez       
Address: 955 NE 98 St.
Section 6-4
Violations: Unauthorized Construction/Alteration
 

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, Yojana Menendez did not attend the meeting. 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 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by July 15, 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 $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.

 

Case: 5-07-2120
Owner: Ellisa Gouak                
Address: 63 NW 103 St.
Section: 9-2(b)(c) / 9-5
Violations:  Improper Treatment Of Refuse
 

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 Ellisa Gouak did not attend the meeting. Fllowing discussion by the Board, Mr. Perl moved for a finding of fact and a

conclusion of law that a violation exists according to Section 9-2(b)(c) / 9-5 of the Miami Shores Village Code.  The violator shall correct the

violation by July 10, 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 $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.

 

Summary Adjudication For 1st Hearings:
Case #’s:  1-07-1478, 1-07-1500, 3-07-1778, 3-07-1779, 3-07-1795, 3-07-1819, 3-07-1821, 3-07-1827, 3-07-1833, 4-07-1866, 4-07-1890, 4-07-1891, 4-07-1895, 4-07-1898, 4-07-1918, 4-07-1919, 4-07-1922, 4-07-1925, 4-07-1988, 4-07-1992, 4-07-1993, 5-07-2033, 5-07-2038, 5-07-2039, 5-07-2040, 5-07-2045, 5-07-2104, 5-07-2105, 5-07-2107, 5-07-2116, 5-07-2119, 5-07-2131, 5-07-2147, 5-07-2149, 5-07-2150, 5-07-2160, 5-07-2207, 5-07-2237, 5-07-2238

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. Asmus seconded the motion.  The vote was unanimous in favor of the motion 5-0.

 

ITEM III: PENALTY HEARINGS

Case: 4-07-1864
Owner: Anita Pena                  
Address: 29 NW 99 St.

The officer, Mike Orta, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. Mr. Pena was there to testify on behalf of the owner Anita Pena. Mr. Pena stated the violation has been corrected. The Board questioned Mr. Pena and Mr. Orta and after a discussion, Mr. Quiroga made a motion to continue this case for Mr. Orta to re-inspect. Mr. Asmus seconded the motion and the vote was in favor of the motion 5-0.

 

Case: 5-07-2024
Owner: Frank Totino               
Address: 9430 Biscayne Blvd.

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. Totino was there to present his case. He continued to deny there were any violations. The Board questioned Mr. Totino and Mr. Orta and after a discussion, Mr. Perl made a motion to impose the fines previously adjudicated. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 5-0.

 

Summary Adjudication:

Case’s #: 10-06-1310, 3-07-1698, 3-07-1743, 3-07-1803, 3-07-1804, 3-07-1805, 3-07-1810, 4-07-1901, 4-07-1904, 4-07-1905

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. Patnik seconded the motion and the vote was unanimous in favor of the motion 5-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 8994, 2005-06476, 2005-06477, 2005-06478, 2005-06479, 2005-06481
Owner: Ramiro Del Amo
Address: 9259 N. Bayshore Dr.

The property owner, Mr. Del Amo and his lawyer Mr. Del Amo were there to present his case. The board asked several questions and after a discussion, Mrs. Del Amo proposed to pay $50,000.00 within 10 days. Mr. Quiroga moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 3-2, both Mr. Asmus and Mr. Perl voted no. 

 

ITEM V. NEXT MEETING

The next meeting will be on Aug 2, 2007

 

ITEM VI. ADJOURNMENT

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

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