LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, August 7, 2008

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 7, 2008, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

ROLL CALL  

PRESENTS: :
Barry Asmus
John Patnik
Rod Buenconsejo
John Busta
Barry Perl
Manny Quiroga

   

ALSO PRESENT :
Jorge Martinez , (acting) Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
Robert Vickers, Chairman

 

Mr. Martinez swore in all those participating in the meeting.

FIRST HEARING

Case: 2-08-3648
Owner: Jose Villoni
Address: 84 NW 104 St.
Section: 12-128
Violations: Weather/Water Tight Structures

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 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 12-128 of the Miami Shores Village Code. The violator shall correct the violation by Sept. 4, 2008 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.

Summary Adjudication For 1st Hearings:

Case #’s: 12-07-3346; 3-08-3768; 3-08-3810; 3-08-3824; 3-08-3884; 4-08-3905; 4-08-3953; 4-08-3986; 4-08-4044; 4-08-4073; 4-08-4075; 4-08-4078; 4-08-4079; 4-08-4080; 4-08-4081; 4-08-4094; 4-08-4099; 4-08-4123; 4-08-4130; 4-08-4131; 4-08-4134; 4-08-4135; 4-08-4136; 4-08-4146; 4-08-4155; 5-08-4182; 5-08-4186; 5-08-4187; 5-08-4206; 5-08-4211; 5-08-4212; 5-08-4234; 5-08-4236; 5-08-4241; 5-08-4260; 5-08-4264; 6-08-4339; 6-08-4341; 6-08-4352; 6-08-4362; 6-08-4445

Mr. 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 within the time period specified by the staff in the staff recommendations for these hearings, 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.

Mr. Quiroga made a motion for a summary adjudication of case 4-08-3984 and 6-08-4328 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 three days, (August 11th 2008) 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 100.00 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 #: 2-08-3502; 2-08-3537; 3-08-3815; 3-08-3831; 3-08-3858; 3-08-3860; 3-08-3891; 4-08-3967; 4-08-4013; 4-08-4021; 4-08-4032; 4-08-4033; 4-08-4035; 4-08-4036; 4-08-4116; 4-08-4133; 5-08-4202; 5-08-4222

Mr. 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. Buenconsejo 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. Quiroga seconded the motion and the vote was unanimous in favor of the motion 6-0.

REQUEST FOR RELIEF

Case: 2005-06010
Owner: Jessie Mesider
Address: 461 NE 93 St.

Ms. Mesider and her attorney, Angelo Demos were there to present the case. The board asked several questions and after a discussion, Mr. Demos proposed to pay $5,000.00 within 10 days. Mr. Asmus moved to deny the proposed offer and Mr. Patnik seconded the motion. The vote was favor of the motion 5-1. Mr. Perl voted no.

Case: 2005-06097; 2005-06098; 2005-06099; 2005-06100
Owner: Silvio Orozco &Gioconda Mendieta
Address: 142 NW 100 St.

The property owner Mr. Orozco and Carlos Diaz (on behalf of previous owner Ms. Chidaris) were there to present the case. The board asked several questions and after a discussion, Mr. Orozco & Mr. Diaz agreed to release the funds in escrow in the amount of $51,800.00 within 60 days. Mr. Patnik moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 2-08-3673
Owner: Maria Valencia
Address: 164 NE 105 St.

The property owner Ms. Valencia was there to present the case. The board asked several questions and after a discussion, Ms. Valencia proposed to pay $500.00 within 5 days. Mr. Asmus moved to accept the proposed offer and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 2002-02790; 2005-05733; 2005-05734; 2005-05761
Owner: Lisette Reid
Address: 189 NW 102 St.

Ms. Reid was there to present the case. The board asked several questions and after a discussion, Ms. Reid proposed to pay $8,100.00 within 60 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 4-2, Mr. Asmus & Mr. Patnik voted no.

Case: 6-07-2314
Owner: National City Bank c/o Rogert DeLeon
Address: 210 NW 105 St.

Ms. Abrue was there to present the case. The board asked several questions and after a discussion, Ms. Abrue proposed to pay $2,946.00 within 60 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 4-2, Mr. Perl & Mr. Asmus voted no.

NEXT MEETING

The next meeting will be on September 4, 2008

ADJOURNMENT

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