LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES - MAY 3, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 3, 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 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, Clerk

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Perl moved to approve April 3rd minutes with amendment. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

ITEM II: FIRST HEARING 

Case: 1-07-1557
Owner: Fernando Marques                  
Address: 210 NE 102 St.
Section 12-133, 12-82
Violations:  Unsightly Fascia, Soffit, House Exterior / Nondwelling Structures & Fences

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 not in attendance, but the tenants were there to testify against the violation. The tenant stated he does not 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 12-133 and 12-82 of the Miami Shores Village Code.  The violator shall correct the violation by June 2, 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 $75.00 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 unanimous in favor of the motion 7-0.

 

Case: 1-07-1507
Owner: Marta Rodriguez         
Address: 1361 NE 103 St.
Section 6-4
Violations:  Permits- Application generally

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 not in attendance, but the owner’s friend was there to testify. The tenant stated he does agree with the 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 6-4 of the Miami Shores Village Code.  The violator shall correct the violation by June 2, 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 unanimous in favor of the motion 7-0.

 

Case: 2-07-1664
Owner: Rex & Gabriela Henderson                  
Address: 1218 NE 98 St.
Section 12-133
Violations:  Unsightly Fascia, Soffit, House Exterior

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 not 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 12-133 of the Miami Shores Village Code.  The violator shall correct the violation by June 2, 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. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 1-07-1499
Owner: Patrick Dentico                       
Address: 10055 Biscayne Blvd.
Section 12-128
Violations:  Weather / Water tight Structures

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 owners and their lawyer were there to testify. The owner agrees with the violation and 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 of the Miami Shores Village Code.  The violator shall correct the violation by June 7, 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 7-0.

 

Summary Adjudication For 1st Hearings:
Case #’s:  11-06-1358, 12-06-1462, 2-07-1608, 2-07-1615, 2-07-1626, 2-07-1682, 3-07-1697, 3-07-1724, 3-07-1796, 3-07-1798, 3-07-1802, 3-07-1815, 3-07-1829, 3-07-1852, 4-07-1878, 4-07-1880, 4-07-1897.

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 except 2-07-1638 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 except case 2-07-1638 which will be 5 days, 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 except case 2-07-1638 which will be $ 100 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

Case: 1-07-1498
Owner: Patrick Dentico                       
Address: 10055 Biscayne Blvd.

The officer, Anthony Flores, testified that violations still existed on the property.  Pictures were submitted to the Board as evidence of the violation. Mrs. Dentico was there to present her case. She asked for an extension of 10 days to complete all work done. The Board questioned Mrs. Dentico and after a discussion, Mr. Perl made a motion to deny the request. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

Summary Adjudication:
Case’s #: 1-07-1488, 1-07-1512, 1-07-1513, 1-07-1546, 1-07-1553, 1-07-1559, 11-06-1340, 11-06-1370, 2-07-1572, 2-07-1589, 2-07-1594, 3-07-1695, 3-07-1734, 3-07-1735, 3-07-1747, 9-06-1064

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

 

ITEM IV: REQUEST FOR RELIEF

Case: 2006-07178
Owner: Brian Finnie
Address: 9025 NE 4 Ave.

The property owner, Mr. Finnie was there to present his case. The board asked several questions and after a discussion, Mr. Finnie proposed to pay $300.00 within 10 days. Mr. Perl moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1, Mr. Asmus voted no.

  

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

Mr. Delamo was there to present his case. The Board asked Mr. Delamo several questions and after further discussion he proposed to pay $50,000.00 in 10 days. Mr. Perl moved to deny the proposed offer and Mr. Asmus seconded the motion. The vote was not in favor of the motion 4-3 Mr. Asmus, Mr. Busta and Mr. Quiroga voted no.    

 

Case: 2005-06601
Owner: Magdiel & Martha Fernandez
Address: 560 NE 93 St.

The property owner Mrs. Fernandez was there to present her case. The Board questioned Mrs. Fernandez and after further discussion from the board she proposed to pay $500.00 in 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the motion 6-1 Mr. Quiroga voted no.

 

Case: 2000-01473
Owner: Ted Haaland
Address: 179 NW 97 St.

Mr. Haaland was there to present his case. The Board questioned Mr. Haaland and after further discussion he proposed to pay $1,800.00 within 10 days. Mr. Busta moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-2 Mr. Asmus and Mr. Perl both voted no.

 

ITEM V. NEXT MEETING

The next meeting will be on June 7, 2007

 

ITEM VI. ADJOURNMENT

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

Back To Top