LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, November 5th, 2009

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 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 Perl Vice Chairman
Barry Asmus
Robert Swan
John Patnik
Manny Quiroga
ALSO PRESENT:
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
Rod Buenconsejo

All witnesses were sworn in by the Village Attorney, Mr. Sarafan.

FIRST HEARING

Case: 8-09-6067
Owner: George Pickard
Address: 869 NE 98 St.
Section: 6-4
Violations: Permits-Application generally

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. Pickard 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 January 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. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

Summary Adjudication For 1st Hearings:

Case #’s: 10-09-6351; 10-09-6355; 10-09-6357; 10-09-6358; 10-09-6359; 10-09-6384; 10-09-6389; 10-09-6390; 10-09-6391; 10-09-6393; 10-09-6397; 10-09-6398; 10-09-6401; 10-09-6409; 10-09-6413; 6-09-5852; 7-09-5928; 8-09-6116; 9-09-6193; 9-09-6200; 9-09-6203; 9-09-6215; 9-09-6217; 9-09-6220; 9-09-6222; 9-09-6250; 9-09-6316

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 by January 6th, 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 6-0.

Mr. Swan recused himself from case no. 10-09-6386 due to financial conflict. Mr. Perl made a motion for a summary adjudication of case 10-09-6386 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 by January 6th, 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. Quiroga seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case #’s: 10-09-6353; 9-09-6199; 9-09-6201; 10-09-6412

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 by November 10th, 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 $100.00 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 6-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 4-09-5671; 4-09-5672; 6-09-5783; 6-09-5900; 6-09-5901; 7-09-5950; 8-09-6022; 8-09-6023; 8-09-6037; 8-09-6038; 8-09-6050; 8-09-6060; 8-09-6066; 8-09-6077; 8-09-6078; 8-09-6079; 8-09-6121; 8-09-6125; 8-09-6128; 9-09-6180

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. 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 6-0.

REQUEST FOR RELIEF

Case: 7-09-5948
Owner: Andrea Singer
Address: 113 NE 101 St.

The owner Ms. Singer was there to present the case. The board asked several questions and after a discussion, Ms. Singer proposed to pay $200.00 within 10 days. Mr. Swan moved to accept the proposed amount for release of the above referenced property only and Mr. Asmus seconded the motion. The vote was in favor of the motion 5-1. Mr. Perl voted no.

Case: 11-08-5126; 2-09-5455; 2-09-5456
Owner: Nation Star Mtg. LLC
Address: 90 NE 101 St.

Mr. Rogers was there to present the case. The board asked several questions and after a discussion, Mr. Rogers proposed to pay $4,000.00 within 15 days. Mr. Quiroga moved to accept the proposed amount for release of the above referenced property only, and Mr. Swan seconded the motion. The vote was not in favor of the motion 3-3. Mr. Asmus, Mr. Patnik and Mr. Perl voted no. Mr. Perl moved upon receipt of $7,000.00 within 45 days for the release of the above referenced property. The motion dies for lack of second. Mr. Asmus moved upon receipt of $5,575.00 within 30 days for the release of the above referenced property and Mr. Patnik seconded the motion. The vote was in favor of the motion 4-2. Mr. Quiroga and Mr. Perl voted no.

Case: 7-09-5951
Owner: Julio & Rosanna Alverez
Address: 108 NW 111 St.

The home owner, Mr. Alverez was there to present the case. The board asked several questions and after a discussion, Mr. Alverez proposed to pay $200.00 within 60 days. Mr. Quiroga moved accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was unanimously in favor of the motion 6-0.

Case: 2-09-3613
Owner: HSBC Mortgage Corp.
Address: 54 NW 103 St.

Mr. Perl disclosed he visited this property. Mr. Sugarman was there to present the case. The board asked several questions and after a discussion, Mr. Sugarman proposed to pay $2,500.00 within 30 days. Mr. Quiroga moved to accept the proposed amount for release of the above referenced property only, and Mr. Patnik seconded the motion. The vote was in favor of the motion 4-2. Mr. Asmus and Mr. Perl voted no.

Case: 2-07-1572; 3-08-3831; 1-09-5330
Owner: Bank Of America
Address: 289 NW 111 Tr.

Mr. Ramos was there to present the case. The board asked several questions and after a discussion, Mr. Ramos proposed to pay $5,000.00 within 30 days. Mr. Perl moved accept the proposed amount for release of the above referenced property only, and Mr. Quiroga seconded the motion. The vote was unanimously in favor of the motion 6-0.

Case: 2-09-5419
Owner: Maria Puldon / Janet Carbonell
Address: 595 NE 96 St.

The owner Ms. Carbonell was there to present the case. The board asked several questions and after a discussion, Ms. Carbonell proposed to pay $150.00 within 15 days. Mr. Quiroga moved to accept the proposed amount for release of the above referenced property only and Mr. Perl seconded the motion. The vote was unanimously in favor of the motion 6-0.

Case: 11-08-5129
Owner: Shelton Hill
Address: 123 NW 102 St.

The home owner, Mr. Hill was there to present the case. The board asked several questions and after a discussion, Mr. Hill proposed to pay $50.00 within 10 days. Mr. Perl moved accept the proposed amount for release of the above referenced property only, and Mr. Patnik seconded the motion. The vote was unanimously in favor of the motion 6-0.

Case: 2542; 3647
Owner: Sarah Shepard Trust (John Shepard)
Address: 1276 NE 93 St.

The home owner, Mr. Hill was there to present the case. The board asked several questions and after a discussion, Mr. Hill proposed to pay $2,000.00 within 60 days. Mr. Asmus moved to table the request for relief application, and Mr. Patnik seconded the motion. The vote was in favor of the motion 5-1. Mr. Swan voted no.

MINUTES

Mr. Perl moved to table October 1st 2009 minutes until the next meeting and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 6-0.

NEXT MEETING

The next meeting will be on December 3, 2009.

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Vickers seconded it and the motion passed unanimously 6-0.