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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday April 7th 2011

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 7th, 2011, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers


 

PRESENT:

 

Robert Vickers, Chairman

Barry Perl

Rod Buenconsejo

John Patnik

Barry Asmus

Robert Swan

Manny Quiroga

ALSO PRESENT:

 

 

Jesus Suarez, Deputy Village Attorney                                                                                                                                                                                                                                                  

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk

 

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

FIRST HEARING

Case: 3-11-8313
Owner: Elizabeth Binai                                  
Address: 957 NE 99 St.
Section: 5-21
Violations:  Pet limitation and control

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation existed on the property and would like a repeat order. Mr. Maypother, Mrs. Binai’s husband 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 existed according to Section(s) 5-21 of the Miami Shores Village Code. The offending party has corrected the violation and notified the Code Enforcement Officer. If the violation happens again the Code Enforcement Officer may 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Summary Adjudication For 1st Hearings

 

Case #’s: 11-10-7900; 11-10-7938; 1-11-8057; 1-11-8071; 1-11-8083; 1-11-8109; 12-10-8016; 12-10-8027; 2-11-8113; 2-11-8115; 2-11-8117; 2-11-8118; 2-11-8119; 2-11-8122; 2-11-8123; 2-11-8131; 2-11-8192; 2-11-8193; 2-11-8196; 2-11-8197; 2-11-8198; 2-11-8199; 2-11-8200; 2-11-8203; 2-11-8209; 2-11-8210; 2-11-8239; 2-11-8242; 3-11-8266; 3-11-8290; 3-11-8292; 3-11-8349; 6-10-7335;

 

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 exists 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 May 4, 2011 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

Case: 7-10-7350
Owner: Steven Shulman                               
Address: 471 NE 101 St.

 

The officer, Anthony Flores, testified that violations still existed on the property. The homeowner was there to present his case. Following discussion by the board Mr. Perl made a motion, the 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 in favor of the motion 6-1. Mr. Quiroga voted no.

 

Summary Adjudication:

Case #’s 10-10-7843; 11-10-7870; 11-10-7871; 11-10-7872; 11-10-7875; 11-10-7883; 11-10-7894; 11-10-7895; 11-10-7905; 11-10-7949; 11-10-7975; 1-11-8047; 1-11-8074; 12-10-8009; 12-10-8017; 12-10-8018; 12-10-8023; 12-10-8024; 7-10-7351; 9-10-7708; 9-10-7755

 

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. Buenconsejo seconded the motion and the 

 

REQUEST FOR RELIEF

Case: 2006-06908; 5-07-2037; 6-09-5775; 6-09-5776
Owner: JP Morgan Chase Bank NA
Address: 5 NW 106 St.

 

Mr. and Mrs. Garate were there to present the case. The board asked several questions and after a discussion, Mr. and Mrs. Garate proposed to pay $35,000.00 within 10 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 7-0.

 

Case: 9-09-6250
Owner: CitiMortgage Inc.
Address: 390 NE 98 St.

 

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

 

Case: 2-11-8148
Owner: Verona Apartments LLc
Address: 9050 NE 8 Ave.

 

Mr. Gil was there to present the case. The board asked several questions and after a discussion, Mr. Gil proposed to pay $10.00 within 5 days. Mr. Perl moved to accept $250.00 within 30 days for release of the above referenced property only, and Mr. Asmus seconded the motion. The vote was in favor of the motion 6-1. Mr. Swan voted no.

 

Case: 6-10-7321
Owner: Claudio Rodriguez
Address: 335 NE 101 St.

 

Mr. Rodriguez was there to present the case. The board asked several questions and after a discussion, Mr. Rodriguez proposed to pay $500.00 within 10 days. Mr. Swan 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 5-2. Mr. Perl and Mr. Buenconsejo voted no.

 

Case: 7-08-4518; 7-08-4519; 7-08-4520; 4-09-5597
Owner: Todd Hendrix
Address: 210 NE 102 St.

 

Mr. Hendrix was there to present the case. The board asked several questions and after a discussion, Mr. Hendrix proposed to pay $8,500.00 within 10 days. A neighbor Mr. Davis was there to speak in favor of Mr. Hendrix and his efforts to improve thus far on this property Mr. Asmus moved to accept the proposed amount 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. Quiroga moved to table March 3rd, 2011 minutes and until the next meeting, May 5, 2011. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion 7-0.

 

NEXT MEETING

The next meeting will be on May 5th, 2011.

 

ADJOURNMENT

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