LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, September 3rd, 2009

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 3rd, 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
Manny Quiroga
Barry Asmus
John Busta
John Patnick
ALSO PRESENT:
Richard Sarafan, Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk

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

FIRST HEARING

Case: 6-09-5851
Owner: Sean Phillips
Address: 210 NW 105 St.
Section: 6-4(a)
Violations: Unauthorized Construction/Expired Permits

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. Phillips 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(a) of the Miami Shores Village Code. The violator shall correct the violation by September 30, 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 7-0.

Summary Adjudication For 1st Hearings:

Case #’s: 11-08-5129; 3-09-5495; 3-09-5543; 4-09-5633; 5-09-5754; 5-09-5764; 6-09-5774; 6-09-5837; 6-09-5839; 6-09-5840; 6-09-5888; 6-09-5889; 7-09-5949; 7-09-5954; 7-09-5970; 7-09-6005; 8-09-6039; 8-09-6044; 8-09-6045; 8-09-6047; 8-09-6049; 8-09-6050; 8-09-6051; 9-08-4784

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. Perl 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 September 30th, 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 7-0.

Case #’s: 7-09-5995; 8-09-6027

Mr. Perl 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 September 8th, 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 $150.00 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 #: 2-09-5449; 4-09-5611; 4-09-5613; 5-09-5739; 5-09-5749; 6-09-5772; 6-09-5775; 6-09-5786; 6-09-5849; 6-09-5853; 6-09-5863; 6-09-5890; 6-09-5923; 7-09-5937; 7-09-5939; 7-09-5948; 7-09-5951; 7-09-5963; 7-09-5986

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. Perl 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: 4-07-1905; 10-07-2827
Owner: RCS REO I, LLC. (Brian Cowell)
Address: 1160 NE 91 Tr.

The representative, Brian Cowell was there to present the case. The board asked several questions and after a discussion, Mr. Cowell proposed to pay $5,000 within 45 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1. Chairman Vickers voted no.

Case: 10-08-4974
Owner: Chris & Natalia Hunt
Address: 54 NE 100 St.

The home owner Mr. Hunt was there to present the case. The board asked several questions and after a discussion, Mr. Hunt proposed to pay $500.00 within 10 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only, and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted no.

Case: 927
Owner: Jack & Patricia Ardisson
Address: 636 NE 101 St.

The home owner, Mr. Ardisson was there to present the case. The board asked several questions and after a discussion, Mr. Ardisson proposed to pay $400.00 within 5 days. Mr. Buenconsejo moved upon receipt of $650.00 within 5 days the village will release the above referenced property only, and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 2004-05392; 2004-05394; 4-07-1895; 4-08-4035
Owner: Bayview Loan Services, 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 $500.00 within 30 days. Mr. Perl moved upon receipt of $18,000.00 within 30 days, the village will release the above referenced property only. Mr. Quiroga seconded the motion and the vote was unanimous in favor of the motion 7-0.

Case: 7352
Owner: Christopher Hall
Address: 671 NE 105 St.

Attorney Mr. Kelly was there to present the case. The board asked several questions and after a discussion, Mr. Kelly proposed to pay $2,500.00 within 10 days. Mr. Quiroga moved to accept the proposed offer for release of the above referenced property only, and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 6-1. Mr. Perl voted no.

Case: 2-08-3583; 3-07-1810; 9-08-4792
Owner: Anielka Abea (Josh Cadallac)
Address: 9634 N. Miami Ave.

Mr. Cadallac was there to present the case. The board asked several questions and after a discussion, Mr. Cadallac proposed to pay $500.00 within 30 days. Mr. Perl moved upon receipt of $15,000.00 within 60 days, the village will release the lien on the above referenced property only. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion 7-0.

Case: 7-07-2452
Owner: Michelle Minagorri (Ron Pereira)
Address: 901 NE 91 Tr.

Mr. Pereira was there to present the case. The board asked several questions and after a discussion, Mr. Pereira proposed to pay $5,000.00 within 30 days. Mr. Asmus moved to accept the proposed offer for release of the lien on the above referenced property only, and Mr. Quiroga seconded the motion. The vote was in favor of the motion 5-2. Mr. Buenconsejo and Mr. Perl voted no.

Case: 11-07-3166
Owner: Homeq Servicing (Don Corpora)
Address: 242 NW 93 St.

Mr. Corpora was there to present the case. The board asked several questions and after a discussion, Mr. Corpora proposed to offer $7,800.00 within 30 days. Mr. Asmus moved to accept the proposed offer for release of the above referenced property only, and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

MINUTES

Mr. Asmus moved to accept August 6th 2009 minutes with corrections made and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 7-0.

NEXT MEETING

The next meeting will be on Oct. 1, 2009.

ADJOURNMENT

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