LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, November 1, 2007

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 6, 2007, 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
Barry Perl
Manny Quiroga
John Busta

   

ALSO PRESENT :
Richard Sarafan, Village Attorney (arrived 6:15)
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk

 

Ms. Bierley swore in all those participating in the meeting

FIRST HEARING

Case: 4-07-1953
Owner: Peter Caruso
Address: 10601 NE 6 Ave.
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 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 Dec. 6, 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: 5-07-2236
Case: 4-07-1954
Owner: Peter Caruso
Address: 10601 NE 6 Ave.
Section: 521(b)1(d)
Violations: Unpaved parking area

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 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 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation by Feb. 7, 2008 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: 9-07-2691
Owner: David Haylock
Address: 10635 NE 11 Ct.
Section: 6-4
Violations: Unauthorized construction/alteration

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 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 6-4 of the Miami Shores Village Code. The violator shall correct the violation by Dec. 6, 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.

Summary Adjudication For 1st Hearings:

Case #’s: 10-07-2832; 10-07-2833; 10-07-2861; 2-07-1586; 8-07-2524; 9-07-2606; 9-07-2689; 9-07-2699; 9-07-2701; 9-07-2704; 9-07-2712; 9-07-2717; 9-07-2722; 9-07-2730; 9-07-2817; 9-07-2818; 9-07-2820

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.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 11-06-1340; 5-07-2118; 7-07-2452; 7-07-2453; 7-07-2489; 7-07-2492; 8-07-2546; 9-07-2570; 9-07-2578; 9-07-2587; 9-07-2588; 9-07-2641; 9-07-2651; 9-07-2670; 9-07-2672

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. Busta 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 7-0.

REQUEST FOR RELIEF

Case: 2000-00802
Owner: Magdalane Williams
Address: 191 NW 98 St.

The property owner Mrs. Williams was there to present her case. The board asked several questions and after a discussion, Mrs. Williams proposed to pay $200.00 within 60 days. The offer was denied due to lack of motion.

Case: 2005-06150
Owner: Ernest Perez
Address: 946 NE 96 St.

The property owner Mr. Perez was there to present his case. The board questioned weather the violation has been cured or not. Staff stated the home owner complied with the remedy written at the time. Upon testimony from the homeowner the violation has reoccurred. The offer was denied due to lack of motion.

Case: 9-06-1197
Owner: Fabio Correa
Address: 246 NE 103 St.

The property owner Mr. Correa was there to present his case. The board asked several questions and after a discussion, Mr. Correa proposed to pay $550.00 within 10 days. Mr. Quiroga 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.

APPROVAL OF MINUTES

Mr. Buenconsejo moved to accept the Oct. 4th minutes. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 7-0.

NEXT MEETING

The next meeting will be on Dec. 6, 2007

ADJOURNMENT

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