LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday August 5th 2010

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 5th, 2010, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Vice Chairman, Barry Perl


 

PRESENT:

 

Manny Quiroga

Barry Asmus  

Robert Swan

Barry Perl Vice Chairman

Rod Buenconsejo

John Patnik

ALSO PRESENT:

 

 

Jesus Suarez Deputy Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk        

Norman Bruhn

ABSENT:   

Robert Vickers, Chairman

 

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



FIRST HEARING

Case: 6-10-7306
Owner: JDF Logistics              
Address: 52 NW 111 St.
Section: 6-4
Violations:  Permits- Application generally

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Fernandez 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) 6-4 of the Miami Shores Village Code. The violator shall correct the violation by September 1, 2010 and immediately notify the Code EnforcementOfficer. 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 7-10-7370
Owner: Bridget Coleman               
Address: 118 NW 103 St.
Section: 6-4(a); 6-1
Violations:  Adoption of technical code (Florida bldg code)                                                               
                  Unauthorized Construction/Expired Permit

           

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Coleman was there to present the case. Following discussion by the Board, Mr. Swan moved for a finding of fact and a conclusion of law that a violation existed according to Section(s) 6-4(a); 6-1 of the Miami Shores Village Code. The violator shall correct the violation by October 5, 2010 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. Quiroga seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 7-10-7354
Owner: Magdalena & Lester Jensen              
Address: 1299 NE 104 St.
Section: 6-1; 6-4(a)
Violations:  Unauthorized Construction/Expired Permit
                       Adoption of technical code (Florida bldg code)

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Jensen 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) 6-1; 6-4(a) of the Miami Shores Village Code. The violator shall correct the violation by October 6, 2010 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 7-10-7348
Owner: Marvin Gunn                
Address: 9150 N Bayshore Dr.
Section: 6-4(a); 6-1
Violations:  Unauthorized Construction/Expired Permit
                       Adoption of technical code (Florida bldg code)

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Gunn was there to present the case. Following discussion by the Board, Mr. Swan moved for a finding of fact and a conclusion November 5, 2010 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. Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Quiroga voted no.

 

Summary Adjudication For 1st Hearings

Case #’s: 1-10-6643; 11-09-6506; 2-10-6741; 2-10-6769; 4-10-6987; 4-10-7047; 5-10-7185; 5-10-7187; 5-10-7190; 5-10-7213; 5-10-7214; 6-10-7237; 6-10-7256; 6-10-7316; 6-10-7321; 6-10-7329; 7-10-7344; 7-10-7349; 7-10-7353; 7-10-7356; 7-10-7357; 7-10-7358; 7-10-7360; 7-10-7365; 7-10-7368; 7-10-7369; 7-10-7371

 

Vice Chairman Perl 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 by September 1, 2010 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 6-0.

 

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 4-10-7046; 4-10-7073; 5-10-7091; 5-10-7092; 5-10-7121; 5-10-7125; 5-10-7210; 6-10-7239; 6-10-7243; 6-10-7245; 6-10-7246; 6-10-7272;

 

Vice Chairman Perl 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: 2-07-1584; 3-10-6862
Owner: Rose Belizaire
Address: 130 NW 102 St.

 

Mr. Alcindor, was there to present the case. The board asked several questions and after a discussion, Mr. Alcindor proposed to pay $1,500.00 within 60 days. The offer was denied due to lack of motion.

 

Case: 10-09-6398; 9-08-4808; 9-09-6215
Owner: Central Mortgage Company
Address: 1279 NW 97 St.

 

Ms. Soza was there to present the case. The board asked several questions and after a discussion, Ms. Soza proposed to pay $2,780.00 within 30 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 not in favor of the motion 2-4. Mr. Asmus, Mr. Patnik, Mr. Buenconsejo and Vice Chairman Perl voted no.

 

Case: 4-09-5570; 4-09-5571
Owner: Dusa Acquisitions LLC.
Address: 103 NW 103 St.

 

Mr. Spalacey was there to present the case. The board asked several questions and after a discussion, Ms. Spalacey proposed to pay $4,500.00 within 14 days. Mr. Quiroga moved to accept the proposed amount for release of the above referenced property only, and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 4-2. Mr. Patnik, and Vice Chairman Perl voted no.

  

Case: 1-07-1473; 5-09-5727; 5-09-5728; 5-09-5729
Owner: Benchy Pillipeaux
Address: 11028 NW 2 Ave.

 

Ms Phillipeaux, was there to present the case. The board asked several questions and after a discussion, Mr. Phillipeaux proposed to pay $350.00 within 10 days. The offer was denied due to lack of motion.

 

Case: 2542; 3647
Owner: Sarah Sheperd
Address: 1276 NE 93 St.

 

Mr. Sheperd was there to present the case. The board asked several questions and after a discussion, Mr. Sheperd proposed to pay $3,000.00 within 10 days. Mr. Patnik moved to accept the proposed amount for release of the above referenced property only, and Mr. Swan seconded the motion. The vote was not in favor of the motion 3-3. Mr. Asmus, Mr. Buenconsejo and Vice Chairman Perl voted no.

 

MINUTES

Mr. Buenconsejo moved to accept July 1st, 2010 minutes and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

NEXT MEETING

The next meeting will be on September 2nd, 2010.

 

ADJOURNMENT

Mr. Asmus made a motion for adjournment Mr. Patnik seconded it and the motion passed unanimously 6-0.