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CODE ENFORCEMENT BOARD MEETING MINUTES, June 4, 2009

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 4th, 2009, 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
Rod Buenconsejo
Manny Quiroga
Barry Asmus
John Busta
ALSO PRESENT:
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
John Patnick
Barry Perl

 

Mr. Suarez swore in all those participating in the meeting

FIRST HEARING

Summary Adjudication For 1st Hearings:

Case #’s: 2-09-5375; 2-09-5416; 2-09-5447; 2-09-5449; 2-09-5450; 3-09-5478; 4-09-5576; 4-09-5596; 4-09-5597; 4-09-5598; 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; 4-09-5688; 5-09-5735; 5-09-5748

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. 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 27 days (July 1st), 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

Mr. Quiroga made a motion for a summary adjudication of cases 4-09-5607; 4-09-5687 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 Ten days, (June 14th 2009) 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 $100.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-08-5060; 10-08-5061; 1-09-5326; 1-09-5330; 12-08-5146; 2-09-5361; 2-09-5376; 2-09-5391; 2-09-5396; 2-09-5401; 2-09-5445; 3-09-5486; 3-09-5494; 3-09-5513; 3-09-5514; 3-09-5525; 3-09-5536; 3-09-5544; 4-09-5641; 4-09-5685

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

REQUEST FOR RELIEF

Case: 2005-06549; 2005-06550; 2005-06552; 2005-06553; 2005-06554; 12-07-3264; 1-07-1513
Owner: EMC Mortgage Corp. (rep. Mark Interliccho)
Address: 74 NW 103 St.

The representative, Mark Interliccho was there to present the case. The board asked several questions and after a discussion, Mr. Interliccho proposed to pay $20,000.00 within 30 days. Mr. Quiroga moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 4-1, Mr. Asmus voted no.

Case: 1-07-1512; 7-07-2482; 7-07-2483; 2-08-3710; 2-08-3711
Owner: Lasalle Bank NA (rep. Diana De LaRosa)
Address: 79 NW 97 St.

The representative Diana De LaRosa was there to present the case. The board asked several questions and after a discussion, Ms. De LaRosa proposed to pay $2,500.00 within 30 days. Mr. Asmus moved upon receipt of $12,000.00 within 30 days the lien will be released. Mr. Busta seconded the motion and the vote was unanimous in favor of the motion 5-0.

Case: 10-07-2931; 10-07-2932; 10-07-2933
Owner: TCIF REO GCM, LLC. (rep. Joel Freis)
Address: 253 NE 101 St.

The representative Joel Freis was there to present the case. The board asked several questions and after a discussion, Mr. Fries proposed to pay $5,500.00 within 30 days. Mr. Asmus moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case2-07-1626
Owner: REO Properties Corp. (rep. Sue King)
Address: 29 NE 98 St.

The representative Sue King was there to present the case. The board asked several questions and after a discussion, Ms. King proposed to pay $6,500.00 within 60 days. Mr. Quiroga moved to accept the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case: 10-07-2910; 12-07-3314; 12-07-3316
Owner: Saxon Mortgage Services (rep. Leonard Retmar)
Address: 1050 NE 107 St.

The representative Leonard Retmar was there to present the case. The board asked several questions and after a discussion, Mr. Retmar proposed to pay $1,000.00 within 30 days. Mr. Asmus moved upon receipt of $15,000.00 within 30 days the lien will be released. Mr. Busta seconded the motion. The vote was in favor of the motion 3-2. Mr. Quiroga and Mr. Buenconsejo voted no.

Case: 12-08-5141
Owner: Louis Vasquez
Address: 10404 NE 3 Ave.

Mr. Vasquez was there to present the case. The board asked several questions and after a discussion, Mr. Vasquez proposed to pay $150.00 within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Chairman Vickers seconded the motion. The vote was in favor of the motion 3-2. Mr. Asmus and Mr. Quiroga voted no.

Case: 4-08-4013
Owner: Deutsche Bank National Trust Company. (rep. Brad Moyers)
Address: 812 NE 92 St.

The representative Brad Moyers was there to present the case. The board asked several questions and after a discussion, Mr. Moya proposed to pay $1,000.00 within 30 days. Mr. Asmus moved upon receipt of $2,250.00 within 30 days the lien will be released. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 5-0.

MINUTES

Mr. Buenconsejo moved to accept May 7th 2009 minutes and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 5-0.

NEXT MEETING

The next meeting will be on July 2, 2009.

ADJOURNMENT

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