LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, October 1st, 2009

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 1st, 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:
Barry Perl Vice Chairman
Barry Asmus
John Bustabr
John Patnik
Rod Buenconsejo
ALSO PRESENT:
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
Robert Vickers, Chairman
Manny Quiroga

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

FIRST HEARING

Case: 9-09-6179
Owner: Jorge Cortes
Address: 1026 NE 91 Tr.
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. Cortes was there to present the case. Following discussion by the Board, Mr. Busta 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 November 4, 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

Summary Adjudication For 1st Hearings:

Case #’s: 1-07-1539; 1-09-5254; 3-09-5545; 3-09-5552; 4-09-5506; 4-09-5635; 6-09-5901; 7-09-5950; 7-09-5994; 8-09-6022; 8-09-6023; 8-09-6036; 8-09-6037; 8-09-6060; 8-09-6066; 8-09-6078; 8-09-6079; 8-09-6119; 8-09-6121; 8-09-6122; 8-09-6125; 8-09-6128; 9-09-6165; 9-09-6166; 9-09-6168; 9-09-6169; 9-09-6180

Vice Chairman Perl 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 by November 4th, 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

Case #’s: 10-09-6339; 6-09-5900; 8-09-6038; 8-09-6077;

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 by October 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 $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 5-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 11-08-5129; 3-09-5543; 6-09-5774; 6-09-5776; 6-09-5837; 6-09-5839; 6-09-5840; 6-09-5888; 6-09-5889; 7-09-6005; 8-09-6027; 8-09-6044; 9-08-4784

Vice Chairman 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. 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. Asmus seconded the motion and the vote was unanimous in favor of the motion 5-0.

REQUEST FOR RELIEF

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 $100.00 within 7 days. Vice Chairman Perl moved to accept the proposed amount for release of the above referenced property only and Mr. Busta seconded the motion. The vote was not in favor of the motion 3-2. Mr. Asmus, Mr. Patnik and Mr. Buenconsejo voted no.

Case: 2004-05392; 2004-05394; 4-07-1895; 4-08-4035
Owner: Bayview Loan Servicing, LLC (Attorney Nwadike)
Address: 122 NW 110 St.

The Attorney, Mr. Nwadike was there to present the case. The board asked several questions and after a discussion, Mr. Nwadike proposed to pay $9,000.00 within 45 days. Mr. Busta 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 3-2. Mr. Asmus and Mr. Buenconsejo voted no.

Case: 6-09-5790
Owner: Mary Leslie Smith
Address: 1053 NE 94 St.

The home owner, Ms. Smith was there to present the case. The board asked several questions and after a discussion, Ms. Smith proposed to pay $100.00 within 10 days. Mr. Buenconsejo moved accept the proposed amount for release of the above referenced property only, and Mr. Busta seconded the motion. The vote was in favor of the motion 3-2. Mr. Asmus and Mr. Patnik voted no.

MINUTES

Mr. Asmus moved to accept September 3rd 2009 minutes with corrections made and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 5-0.

NEXT MEETING

The next meeting will be on November 5, 2009.

ADJOURNMENT

Mr. Asmus made a motion for adjournment Vice Chairman Perl seconded it and the motion passed unanimously 5-0.