LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES - MARCH 1, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 1, 2007, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Vice Chairman Barry Perl.

 

PRESENT

Robert Vickers

Barry Asmus

John Patnik

John Busta

Barry Perl

Rod Buenconsejo

Manny Quiroga

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Busta moved to approve Nov. 2nd minutes as they are.  Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 7-0.

Mr. Buenconsejo moved to approve Dec. 7th minutes as they are. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion. 7-0

Mr. Perl moved to approve Feb. 1st minutes as they are. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion. 7-0

 

ITEM II: FIRST HEARING 

Summary Adjudication For 1st Hearings:
Case #’s: 1-07-1473, 1-07-1481, 1-07-1502, 1-07-1504, 1-07-1514, 1-07-1558, 11-06-1330, 11-06-1331, 11-06-1340, 2-07-1589, *2-07-1604, *2-07-1606, 8-06-1052, 9-06-1079

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. Buenconsejo seconded the motion.  The vote was unanimous in favor of the motion 7-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 10-06-1262, 10-06-1263, 10-06-1264, 10-06-1265, 10-06-1281, 10-06-1283, 1-07-1486, 11-06-1328, 11-06-1400, 11-06-1403, 11-06-1406, 12-06-14028, 12-06-1441, 12-06-1441, 12-06-01446, 12-06-1449, 09-06-1126, 09-06-1127, 09-06-1175

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. Perl 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 7-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2005-05804, 2005-05809
Owner: David Marrero
Address: 142 NW 99 ST. 

The property owners, Mr. & Mrs. Marrero were there to present their case. The board asked several questions and after a discussion, Mr. Marrero proposed to pay $800.00 within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-2. Mr. Patnik and Mr. Vickers voted no. Mr. Perl moved to propose a counter offer of 1,500.00 within 30 days which Mr. Marrero accepted. Mr. Busta seconded the motion and the vote was in favor of the motion 5-2. Mr. Asmus and Mr. Buenconsejo voted no.

 

Case: 2005-06185
Owner: Sergio Perez
Address: 6 NE 107 St.

Mr. Perez’s lawyer, Mr. Marrero was there to present the case. The Board asked Mr. Marrero several questions and after further discussion Mr. Marrero proposed to pay $2,500.00 in 30 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 4-3. Mr. Asmus, Mr. Patnik and Mr. Quiroga voted no.   

 

Case: 2005-06532
Owner: Angelique Vilus
Address: 101 NW 105 St.

The property owner, Mrs. Vilus was there to present her case. The Board questioned Mrs. Vilus and after further discussion from the board Mrs. Vilus proposed to pay $2,000.00 in 30 days. Mr. Patnik moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-2. Mr. Asmus and Mr. Quiroga voted no.

 

Case: 2000-01540
Owner: Jean Moise
Address: 10804 NW 2 Ave.

Mr. Moise was there to present his case. The Board questioned Mr. Moise and after further discussion Mr. Moise proposed to pay $2,800.00 within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 4-3. Mr. Asmus, Mr. Patnik, and Mr. Quiroga voted no.

 

Case: 2004-05386, 2004-05387, 2005-05610, 2006-07095
Owner: Jesus Mejia
Address: 118 NW 97 St.

Mr. Mejia was there to present his case. The Board questioned Mr. Mejia and after further discussion Mr. Mejia proposed to pay $1,500.00 within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 6-1. Mr. Asmus voted no.

 

Case: 2-07-1604
Owner: Anthony Martin                       
Address: 953 NE 91 Terr.
Section 6-4
Violations:  Unauthorized Construction / Alteration

This case was adjudicated in the beginning of the meeting. Mr. Martin arrived at 6:30. Mr. Buenconsejo moved to reopen this case and Mr. Busta seconded the motion. The vote was in favor of the motion 5-2. Mr. Quiroga and Mr. Asmus voted no. Mr. Perl disclosed he spoke with Mr. Martin concerning this case.

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, Mr. Martin was there to present his case. He stated he does agree with the 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 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by April. 30, 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 in favor of the motion 5-2. Mr. Asmus and Mr. Quiroga voted no.

 

Case: 2-07-1606
Owner: Anthony Martin                       
Address: 953 NE 91 Terr.
Section 6-4
Violations:  Unauthorized Construction / Alteration

This case was adjudicated in the beginning of the meeting. Mr. Martin arrived at 6:30. Mr. Buenconsejo moved to reopen this case and Mr. Busta seconded the motion. The vote was in favor of the motion 5-2. Mr. Quiroga and Mr. Asmus voted no. Mr. Perl disclosed he spoke with Mr. Martin concerning this case.

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, Mr. Martin was there to present his case. He stated he does agree with the violation. Following discussion by the Board, Mr. Buenconsejo 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 April. 30, 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 in favor of the motion 6-1. Mr. Quiroga voted no.

 

ITEM V. NEXT MEETING

The next meeting will be on April 5, 2007

 

ITEM VI. ADJOURNMENT

Mr. Perl made a motion for adjournment Mr. Asmus seconded it and the motion passed unanimously 7-0. 

Back To Top