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CODE ENFORCEMENT BOARD MEETING MINUTES - JUNE 7, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 7, 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

John Busta

Barry Perl

Rod Buenconsejo

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk

ABSENT

John Patnik 

Manny Quiroga

 

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: 5-07-2023
Owner: Frank Totino               
Address: 9430 Biscayne Blvd.
Section 12-82
Violations:  Nondwelling Structures & Fences
 

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. Mr. Totino, the owner of the property was there to present his case. He did not agree that there was a violation.   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 12-82 of the Miami Shores Village Code.  The violator shall correct the violation by June 22, 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. Buenconsejo seconded the motion. The vote was in favor of the motion 4-1, Mr. Busta voted no.

 

Case: 5-07-2024
Owner: Frank Totino   
Address: 9430 Biscayne Blvd.
Section 13-1
Violations:  Storage of inoperable motor vehicle

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, Frank Totino was there to present his case. Mr. Totino did not agree that there is a violation. 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 13-1 of the Miami Shores Village Code.  The violator shall correct the violation by June 12, 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 1-07-1556
Owner: Fernando Marques                  
Address: 210 NE 102 St.
Section 13-1
Violations:  Storage of inoperable vehicle

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 in attendance to testify against the violation. The owner stated he does agree with the violation and 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 13-1 of the Miami Shores Village Code.  The violator shall correct the violation by June 12, 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 3-07-1790
Owner: Anita Pena                  
Address: 29 NW 99 St.
Section 537 (a) (b) (c) (d) (e) (f)
Violations:  Maintenance Standards

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’s son was there to present their case. Mr. Pena agrees with the violation and 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 537 (a) (b) (c) (d) (e) (f) of the Miami Shores Village Code.  The violator shall correct the violation by July 3, 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-0.

 

Case: 3-07-1790
Owner: Anita Pena                  
Address: 29 NW 99 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. The owner’s son was there to present their case. Mr. Pena agrees with the violation and 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 July 3, 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 5-0.

 

Summary Adjudication For 1st Hearings:
Case #’s:  10-06-1310, 1-07-1541, 2-07-1698, 3-07-1705, 3-07-1743, 3-07-1801, 3-07-1803, 3-07-1804, 3-07-1805, 3-07-1810, 3-07-1850, 4-07-1896, 4-07-1905, 4-07-1907, 4-07-1917, 4-07-1959, 4-07-1985

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. With respect to cases 4-07-1904, 4-07-2008 and 5-07-2072 Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 520(a) and 13-1 of the Miami Shores Village Code.  The violators shall correct the violation within five days and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, the Code

Enforcement Officer may 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. 

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 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: 3-07-1802
Owner: Gilbert Martin              
Address: 1177 NE 104 St.

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. Javier Pacheco was there to testify on behalf of the owner Gilbert Martin. Mr. Pacheco requested additional time so that they may go before the P&Z Board for an appeal against the administrative decision. The Board questioned Mrs. Pacheco and after a discussion, Mr. Buenconsejo made a motion to deny the request. Mr. Asmus seconded the motion and the vote was in favor of the motion 4-1 Mr. Perl voted no.

 

Case: 1-07-1557
Owner: Fernando Marques                  
Address: 210 NE 102 St.

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. The tenant was there to testify on behalf of the owner Fernando Marques. Mr. Vaoud requested additional time due to his father suffering from an injury. The Board questioned Mr. Vaoud and after a discussion, Mr. Perl made a motion to deny the request. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion 5-0.

 

Summary Adjudication:
Case’s #: 12-06-1462, 2-07-1584, 2-07-1626, 3-07-1697, 3-07-1796, 3-07-1829, 3-07-1852, 4-07-1897

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. 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 5-0.

 

ITEM IV: REQUEST FOR RELIEF

 

Case: 2006-06998, 10-06-1282, 10-06-1283
Owner: Irwin Perolman
Address: 2 NE 108 St.

The property owner, Mr. Perolman was there to present his case. The board asked several questions and after a discussion, Mrs. Perolman proposed to pay $3,000.00 within 60 days. Mr. Perl 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: 2005-06601
Owner: Magdiel & Martha Fernandez
Address: 560 NE 93 St.

Mrs. Fernandez was there to present her case. The Board asked Mrs. Fernandez several questions and after further discussion she proposed to pay $2,500.00 in 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 5-0.    

 

Case: 2005-05444, 2006-06847, 2006-06860, 2006-06861, 2006-06928
Owner: Sharpar Realty Co.
Address: 9801 NE 2 Ave.

The property owner’s lawyer, Mrs. Dannheisser was there to present Mr. Shandloff’s case. The Board questioned Mrs. Dannheisser and Mr. Shandloff and after further discussion from the board they proposed to pay $10,000.00 in 60 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 3-2 Mr. Asmus and Mr. Perl both voted no.

 

Case: 2005-06426
Owner: Rosa Segarra
Address: 390 NE 105 St.

 

Mrs. Segarra was there to present her case. The Board questioned Mrs. Segarra and after further discussion she proposed to pay $1,000.00

within 60 days. Mr. Asmus moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor

of the motion 5-0.

 

Case: 8127
Owner: Roosevelt and Patricia Smith
Address: 9425 N. Miami Ave.
 

Mr. & Mrs. Smith were there to present their case. The Board questioned Mr. & Mrs. Smith and after further discussion they proposed to pay

 $7,000.00 within 30 days. Mr. Busta 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.

 

 

ITEM V. NEXT MEETING

The next meeting will be on July 5, 2007

 

ITEM VI. ADJOURNMENT

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

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