LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, March 5, 2009

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 5th, 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
Barry Asmus
John Patnik
Rod Buenconsejo
John Busta
Barry Perl
Manny Quiroga

   

ALSO PRESENT :
Richard Sarafan Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk

 

Mr. Suarez swore in all those participating in the meeting

FIRST HEARING

Case:12-08-5171
Owner: William & Daniel Sera
Address: 94 NE 93 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 April 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. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 9-08-4781
Owner: Ahsha Rolle
Address: 590 NE 96 St.
Section: 12-82
Violations: Nondwelling Structures & Fence

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. 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 May 6, 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 in favor of the motion 5-2, Mr. Asmus and Chairman Vickers voted no.

Case: 9-08-4785
Owner: Ahsha Rolle
Address: 590 NE 96 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 was there to present the case. 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 12-133 of the Miami Shores Village Code. The violator shall correct the violation by May 6, 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. Patnik seconded the motion. The vote was in favor of the motion 4-3, Mr. Asmus, Mr. Quiroga and Mr. Buenconsejo voted no.

Summary Adjudication For 1st Hearings:

Case #’s: 10-08-5062; 1-09-5247; 1-09-5280; 1-09-5295; 1-09-5298; 1-09-5301; 1-09-5308; 1-09-5310; 1-09-5311; 1-09-5312; 1-09-5314; 11-08-5126; 12-08-5136; 2-09-5387; 2-09-5391; 2-09-5402;

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 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 7-0.

Mr. Quiroga made a motion for a summary adjudication of cases 1-09-5296; 1-09-5313; 1-09-5315 and 2-09-5384 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 three days, (March 8th 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 $50.00 a day thereafter and also a $30.00 staff’s administrative fee. Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

PENALTY HEARINGS

Case: 12-08-5166
Owner: William & Daniel Sera
Address: 94 NE 93 St.

The officer, Mike Orta, testified that violations still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner was there to present his case. He asked for an extension of 28 days to complete all work. The Board questioned Mr. Sera and after a discussion, Mr. Perl made a motion to approve the request. Mr. Busta seconded the motion and the vote was in favor of the motion 4-3 Mr. Asmus, Mr. Patnik and Mr. Buenconsejo voted no.

Summary Adjudication:

Case’s #: 10-08-4974; 1-09-5245; 1-09-5246; 12-08-5141; 12-08-5142; 12-08-5175; 12-08-5199; 9-08-4769; 9-08-4806; 9-08-4808

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. 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. Perl seconded the motion and the vote was unanimous in favor of the motion 7-0.

REQUEST FOR RELIEF

Case: 1-08-3365
Owner: Residential Credit Solutions
Address: 440 NE 105 St.

Julie Sidorevskaya the listing agent for this property was there to present the case. The board asked several questions and after a discussion, Julie proposed to pay $500.00 within 10 days. The proposal was denied due to lack of a motion.

MINUTES

Mr. Perl moved to accept November 6th 2008 minutes and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0. Mr. Perl moved to accept December 4th 2008 and February 5th 2009 minutes and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion.

NEXT MEETING

The next meeting will be on April 2, 2009.

ADJOURNMENT

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