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CODE ENFORCEMENT BOARD MEETING MINUTES October 4, 2007

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 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 (arrived at 6:30)
John Patnik
Rod Buenconsejo
Barry Perl
Manny Quiroga
John Busta

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.

FIRST HEARING

Case: 5-07-2235
Owner: Homescycles Inc.
Address: 165 NW 92 St.
Section 401
Violations: Prohibited businesses

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 was not 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 401 of the Miami Shores Village Code. The violator shall correct the violation by Oct. 19, 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.

 

Case: 5-07-2236
Owner: Homescycles Inc.
Address: 165 NW 92 St.
Section 501(k)10-1
Violations: Unauthorized Storage Of Materials

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 was not 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 501(k)10-1 of the Miami Shores Village Code. The violator shall correct the violation by Oct. 19, 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: 1-07-1534; 3-07-1854; 5-07-2042; 5-07-2043; 5-07-2118; 5-07-2173; 7-07-2452; 7-07-2453; 7-07-2489; 7-07-2491; 7-07-2492; 7-07-2507; 7-07-2508; 8-07-2546; 9-07-2570; 9-07-2578; 9-07-2587; 9-07-2588; 9-07-2636; 9-07-2641; 9-07-2651; 9-07-2653; 9-07-2670; 9-07-2672; 9-07-2673

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. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 2-07-1651; 5-07-2033; 6-07-2291; 6-07-2338; 7-07-2383; 7-07-2384; 7-07-2386; 7-07-2390; 7-07-2408; 7-07-2444; 7-07-2475; 7-07-2482; 7-07-2483; 7-07-2499; 7-07-2509; 7-07-2516; 7-07-2520; 8-07-2535; 8-07-2538; 8-07-2560

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

REQUEST FOR RELIEF

Case: 1-07-1488; 1-07-1553
Owner: Wells Fargo
Address: 9150 N Bay Shore Dr.

An agent from Wells Fargo, Mr. Keith Moore was there to present the case. The board asked several questions and after a discussion, Mr. Moore proposed to pay $5,000.00 within 10 days. Mr. Perl 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. Patnik both voted no.

Case: 2005-05451
Owner: Salnave Pierre
Address: 245 NE 96 St.

The property owner Mr. Pierre was there to present his case. The board asked several questions and after a discussion, Mr. Pierre proposed to pay $700.00 within 15 days. Mr. Patnik moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was not in favor of the motion 6-1. Mr. Perl voted no.

Case: 2005-06560
Owner: Hassan Benjelloon
Address: 230 NE 107 St.

The property owner Mr. Benjelloon was there to present his case. The board asked several questions and after a discussion, Mr. Benjelloon proposed to pay $1,500.00 within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 2003-03577
Owner: Jose Luis Villoni
Address: 84 NW 104 St.

The property owner Mr. Villoni was there to present his case. The board asked several questions and after a discussion, Mr. Villoni proposed to pay $500.00 within 10 days. Mr. Quiroga moved to accept the proposed offer and Mr. Perl seconded the motion. The vote was not in favor of the motion 1-6. Mr. Asmus, Mr. Patnik, Mr. Busta, Mr. Vickers, Mr. Quiroga and Mr. Buenconsejo all voted no.

Case: 2000-01454
Owner: Linton Hugh Dawkins
Address: 154 NW 97 St.

The property owner Mr. Dawkins was there to present his case. The board asked several questions and after a discussion, Mr. Dawkins proposed to pay $30.00 within 5 days. Mr. Perl moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 2005-05438
Owner: Chris & Monica Savitz
Address: 1360 NE 103 St.

The property owners Mr. & Mrs. Savitz were there to present their case. The board asked several questions and after a discussion, Mr. Savitz proposed to pay $1,000.00 within 5 days. Mr. Patnik moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was not in favor of the motion 2-5. Mr. Asmus, Mr. Patnik, Mr. Perl, Mr. Quiroga and Mr. Buenconsejo all voted no.

APPROVAL OF MINUTES:

Mr. Quiroga moved to accept the September 6th minutes. Mr. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0.

NEXT MEETING

The next meeting will be on Nov. 1, 2007

ADJOURNMENT

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