LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday August 4th 2011

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 4th, 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

Manny Quiroga

John Patnik

Barry Asmus

Robert Swan

Barry Perl

ALSO PRESENT:  

Richard Sarafan, Village Attorney                                                        

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

ABSENT:    

Rod Buenconsejo

 

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

FIRST HEARING

Case: 6-11-8678
Owner: Landsdowne Real Estate Holdings LLC
Address: 140 NW 110 St.
Section: 20-17; 520(i) ; 536/537
Violations:  Failure to maintain parkway; Landscape Design & Maintenance

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation

exists on the property. Mr. Dishaw 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 exists

according to Section(s) 20-17; 520(i) ; 536/537 of the Miami Shores Village Code. The violator

shall correct the violation by Aug. 31, 2011 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. Asmus seconded the motion. The vote was unanimous in

favor of the motion 6-0.

 

Case: 5-11-8521
Owner: Jean Claude Best 
Address: 571 NW 112 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

exists on the property. Mr. Best 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 exists according to

Section(s) 6-4(a) of the Miami Shores Village Code. The violator shall correct the violation by

Aug. 31, 2011 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 $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 in favor of the motion 5-1. Mr. Swan voted no.

 

Case: 5-11-8613
Owner: Hanna Newbold
Address: 1154 NE 91 Tr.
Section: 6-1; 6-4(a)


Violations:  Adoption of technical code (Florida Bldg. Code); Unauthorized Construction/ Expired permit(s)

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation

exists on the property. Mrs. Newbold was there to present the case. Following discussion by the

Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according

to Section(s)6-1; 6-4 of the Miami Shores Village Code. The violator shall correct the violation by

Oct. 5, 2011 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. Asmus seconded the motion. The vote was

in favor of the motion 5-1. Mr. Swan voted no.

 

Summary Adjudication For 1st Hearings


Case #’s: 2-11-8146; 3-11-8306; 5-11-8551; 5-11-8552; 6-11-8621; 6-11-8653; 6-11-8662; 6-11-8663;
6-11-8679; 7-11-8754; 7-11-8755; 7-11-8760; 7-11-8777; 7-11-8778

 

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 August 31, 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. Perl seconded the motion.  The vote was

unanimous in favor of the motion 6-0.

 

PENALTY HEARINGS

Summary Adjudication:


Case #’s 10-10-7794; 2-11-8235; 3-11-8322; 3-11-8328; 3-11-8341; 4-11-8361; 4-11-8363; 4-11-8383;
4-11-8424; 4-11-8465; 4-11-8466; 5-11-8556; 5-11-8558; 5-11-8608; 5-11-8612; 6-11-8624; 6-11-8654;
6-11-8655

 

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. Perl seconded the motion and the vote was unanimous in favor of the motion 6-0.

REQUEST FOR RELIEF

Case: 2-11-8119
Owner: Lazaro Alvarez
Address: 372 NE 98 St.

 

Mr. Alvarez was there to present the case. The board asked several questions and after a discussion, Mr.

Alvarez proposed to pay $500.00 within 30 days. Mr. Swan moved to accept the proposed amount for

release of the above referenced property only, and Mr. Patnik seconded the motion. The offer failed to

be accepted. Mr. Asmus, Mr. Perl and Chairman Vickers voted no.

 

Case: 6-07-2264; 2-08-3712; 3-08-3744; 3-08-3745; 7-10-7358
Owner: BE MA Real Estate Investments IV LLC
Address: 118 NW 97 St.

 

Mr. Puente was there to present the case. The board asked several questions and after a discussion,

Mr. Puente proposed to pay $9,000.00 within 30 days. Mr. Swan moved to accept the proposed amount

for release of the above referenced property only, and Chairman Vickers seconded the motion. The vote

was in favor of the motion 4-2. Mr. Asmus and Mr. Perl voted no.

 

Case: 4-08-4133; 4-08-4134; 4-08-4135; 4-08-4136; 4-10-7029; 4-10-7031
Owner: HSBC Bank USA
Address: 102 NW 108 St.

 

Mr. Cleveland was there to present the case. The board asked several questions and after a discussion,

Mr. Cleveland proposed to pay $9,000.00 within 30 days. Mr. Swan 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 4-2. Mr. Asmus and Mr. Perl voted no.

 

Case: 7-10-7358
Owner: Ref Broward LLC
Address: 118 NW 97 St.

 

The applicant did not attend the meeting. Mr. Quiroga moved to accept the proposed amount on the

submitted application, of $1,500.00 within 30 days, for release of the above referenced property only,

and Mr. Patnik seconded the motion. The vote was in favor of the motion 4-2. Mr. Asmus and

Chairman Vickers voted no.

 

MINUTES

July 7th 2011 minutes were tabled until the September meeting.

 

NEXT MEETING

The next meeting will be on September 1st, 2011.

 

ADJOURNMENT

August 4th  2011 Code Board meeting was adjourned.