LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday April 05, 2012

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 05, 2012, at the Miami

Shores Village Hall.  The meeting was called to order at 6:14 p.m. by Chairman, Manny Quiroga.

Roll Call.

Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo.

Absent/Excused: Robert Vickers.

 

Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement
Mike Orta, Officer, Code Enforcement

                                               

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

FIRST HEARING

Chairman Quiroga stated that no one has showed for First hearing or Penalty hearing and there is no one

present in the room other than board members, officers and Village attorney.

 

Summary Adjudication for 1st Hearings

 

Case #’s: 11-11-9176;11-11-9228;1-12-9458;1-12-9459;1-12-9460;1-12-9464;1-12-9465;1-12-9469;
1-12-9475;1-12-9484;1-12-9493;2-12-9609;3-11-8345;3-12-9681;3-12-9682;3-12-9683;3-12-9684;
3-12-9685;3-12-9703.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation

exists in each of the files.

 

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 staff in the staff

recommendations in this hearing and shall 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 respective daily amount specified in the staff recommendation for

tonight hearing retroactive to the original compliance date which will constitute a lien on the property

of the violator further with respect to each such case cost in the amounts specified in staff’s

recommendation for tonight’s hearing are hereby assessed in order to recoup the village’s expenses in

prosecuting the violations to date.

 Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus.

Motion passed unanimously.

 

PENALTY HEARINGS

Summary Adjudication for Penalty Hearings:

 

Case #’s: 10-11-9069;10-11-9125;11-11-9204;11-11-9212;11-11-9214;11-11-9215;11-11-9226;1-12-9435;

1-12-9436;12-11-9263;12-11-9264;12-11-9270;12-11-9271;12-11-9283;12-11-9289;2-11-8126;

2-12-9601;4-11-8475.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation

exists in each of the files.

 

Motion: Motion: 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.

 

Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus.

Motion passed unanimously.

 

REQUEST FOR RELIEF

Case: 3-07-1844
Owner: Paul Wilmot
POA: Howard Spiegel
Address: 435 Grand Concourse

 

Mr. Chairman gave a summary of the case. Mr. Wilmot was present and stated his case. The board asked

questions regarding property. Offer to pay $5000 payable within 30 days.

 

Motion: $5000.00 within 10 days, Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.

Discussion by board.

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

Yes: John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Barry Asmus.

 

 Case: 11-09-6479
Owner: Alan Soven
Address: 1215 NE 95 St.

 

Mr. Chairman gave a summary of the case. Mr. Wilmot was present and stated his case. The board asked

questions regarding property. Offer to pay $1000 payable within 10 days.

 

Motion: $1000.00 within 10 days, Action: Accept, Moved by Barry Perl, Seconded by Barry Asmus.

Motion passed unanimously.

 

Case: 7-10-7351
Owner: Nelson Oliva
Address: 9125 N. Bayshore Dr.
Attorney: George Pinon

 

Mr. Chairman gave a summary of the case. Mr. Oliva and Mr. Pinon, Mr. Oliva’s attorney was present

and gave background information on the violation and property issues. The board asked questions

regarding property. Offer to pay $500 payable within 30 days.

 

Offer failed for lack of motion.

 

Case: 8-11-8827; 8-11-8829
Owner: Andrew Venneman
POA: Christopher Kelley
Address: 102 NW 105th St.

 

Mr. Chairman gave a summary of the case.  Mr. Kelley as P.O.A was present on behalf of Mr.

Venneman, and stated case. The board asked questions regarding property. Offer to  pay $750

payable within 30 days.

 

Motion: $750.00 with 30 days, Action: Accept, Moved by Barry Asmus, Seconded by Rod Buenconsejo.

Motion passed unanimously.

 

Case: 12-11-9383; 12-11-9381; 12-11-9382; 8-08-4630
Owner: Louis Rosa. C/o Maria Rosa
Address: 1172 NE 103 St.

Mr. and Mrs. Rosa were present to request from Code Board to release two properties on Miami

Beach in order for short sale to go through.

Motion: Switch Jefferson Ave property to Meridian Ave property and reinstate the lien on

Jefferson Ave. Action: Substitute, Moved by Barry Perl, Seconded by Barry Asmus.

 

Discussion by board.

 

Amended Motion: Give owner an option to Switch Jefferson Ave property to Meridian Ave property.  ,

Action: Substitute, Moved by Barry Perl, Seconded by Barry Asmus.

 

Roll Call Taken again in order to allow Robert Vickers vote.

 

Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo,

Robert Vickers.

Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0).

Yes: Barry Asmus, Barry Perl, Rod Buenconsejo, Robert Vickers.

No: John Patnik, Robert Swan, Manny Quiroga.

MINUTES

February minutes approved

March minutes approved

NEXT MEETING

The next meeting will be on May 03, 2012

 

ADJOURNMENT

April 05, 2012 Code Board meeting was adjourned.