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CODE ENFORCEMENT BOARD MEETING MINUTES - NOVEMBER 2, 2006

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday Nov. 2, 2006, 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

ALSO PRESENT

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Administrative Assistant

ABSENT

Manny Quiroga

 

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

 

ITEM I: APPROVAL OF MINUTES

Mr. Patnik moved to accept minutes as they are Mr. Buenconsejo seconded the motion and the vote was in favor of the motion. 4-2. Mr. Asmus and Mr. Perl both voted no.

 

ITEM II: FIRST HEARING

Case: 09-06-1111
Owner: Jefferson Geimer                     
Address: 65 NE 105 St.
Section 6-4 ; 518(a)(b)
Violations:  Unauthorized Construction / Alteration ; 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, Mr. Geimer was there to present his case. He stated he does agree with the violation, he has asked the Board members for an extension. After answering questions from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 6-4 and 518(a)(b) of the Miami Shores Village Code.  The violator shall correct the violation by Nov. 30, 2006 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. Buenconsejo seconded the motion. The Motion passed unanimously 6-0.

 

Case: 9-06-1112
Owner: Juana Mendez             
Address: 167 NW 103 St.
Section 537(a)(b)(c)(d)(e)(f) ; 521(b)1(d)
Violations:  Maintenance Standards; 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, Mrs. Mendez was there to present her case. She stated she does agree with the violation, he has asked the Board members for an extension. After answering questions from 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) and 521(b)1(d) of the Miami Shores Village Code.  The violator shall correct the violation by Jan. 1, 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 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. Buenconsejo seconded the motion. The vote passed in favor of the motion 5-1. Mr. Asmus voted no.

 

Summary Adjudication For 1st Hearings:
Case #’s:  2006-07215, 2006-07217, 2006-07310, 10-06-1217, 10-06-1245, 10-06-1248, 08-06-1032, 09-06-1066, 09-06-1100, 09-06-1103, 09-06-1104, 09-06-1110, 09-06-1111, 09-06-1112, 09-06-1137, 09-06-1151, 09-06-1154, 09-06-1166, 09-06-1185, 09-0-1187

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. Busta 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 motion passed unanimously 6-0.

 

ITEM III: PENALTY HEARINGS

Summary Adjudication:
Case’s #: 08-06-1020, 08-06-1026, 08-06-1027, 09-06-1118

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. Perl seconded the motion and the vote was unanimous in favor of the motion 6-0.

 

ITEM IV: REQUEST FOR RELIEF

Case: 2006-06510
Owner: Catherine Castellon
Address: 456 NE 102 St.

The property owner, Ms. Castellon was there to present her case. Ms. Castellon stated she agreed with the violation. The board asked Ms. Castellon several questions. After discussion from the board Ms. Castellon proposed to pay $300.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

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

Mr. Moise was there to present his case. Mr. Moise stated he does not agree with the violations. The Board asked Mr. Moise several questions and after further discussion Mr. Moise proposed to pay $225.00 in 30 days. Mr. Asmus made a motion to deny the proposed offer and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.   

 

Case: 2006-06983
Owner: Thomas Stocks
Address: 26 NW 108 St.

The property owner, Mr. Stocks was there to present his case. He stated he agreed with the violations. The Board questioned Mr. Stocks and Mr. Flores. After further discussion from the board Mr. Stocks proposed to pay $415.00 in 5 days. Mr. Buenconsejo made a motion to deny the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the motion 3-3. Mr. Asmus, Mr. Busta and Mr. Patnik voted no.

 

Case: 007246, 2005-05805
Owner: Keith Cross     
Address: 189 NW 99 St.

The property owner, Mr. Cross was there to present his case. He introduced Mr. Jeff Jones to speak on his behalf. Mr. Jones agreed with the violations. The Board questioned Mr. Flores and Mr. Jones and after further discussion from the Board Mr. Jones proposed to pay $10,000.00 within 35 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Perl seconded the motion. The vote was in favor of the motion 5-1. Mr. Asmus voted no.

 

Case: 2000-00087, 2005-06203, 2006-07105
Owner: Jonathan Bearson        
Address: 63 NW 103 St.

The property owner’s partner, Mr. Sopena was there to present the case on Mr. Bearson’s behalf. Mr. Sopena agreed with the violations. The Board questioned Mr. Flores and Mr. Sopena and after further discussion from the Board Mr. Sopena proposed to pay $23,000.00 within 10 days. Mr. Busta moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted no.

 

Case: 2003-04629, 2005-06608
Owner: Virginia Gaskin
Address: 154 W 111 St.

The property owner, Ms. Gaskin was there to present her case. Ms. Gaskin agreed with the violations. The Board questioned Ms. Gaskin and after further discussion from the Board Ms. Gaskin proposed to pay $4,000.00 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 4-2. Mr. Perl and Mr. Asmus both voted no.

 

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

The property owner, Mr. Perez was there to present his case. The Board questioned Mr. Flores and Mr. Perez and after further discussion from the Board Mr. Perez proposed to pay $250.00 within 5 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 2005-06484
Owner: Juan Piedrahita
Address: 9525 NW 1 Ct.

The property owner, Mr. Piedrahita was there to present his case. Mr. Piedrahita agreed with the violations. The Board questioned Mr. Piedrahita and after further discussion from the Board Mr. Piedrahita proposed to pay $700.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

ITEM V. DISCUSSION

The Board discussed the process for adjustments and corrections concerning the financial status on cases.

 

ITEM VI. NEXT MEETING

The next meeting will be on Feb. 1, 2007

 

ITEM VII. ADJOURNMENT

Mr. Asmus made a motion for adjournment and the motion passed 7-0. 

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