LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday December 2nd 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 2nd, 2010, 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

ALSO PRESENT:

 

 

Richard Sarafan, Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk  

ABSENT:      Manny Quiroga

 

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


FIRST HEARING

Case: 11-10-7942
Owner: Biscayne 88 Terr. LLc.              
Address: 8851 Biscayne Boulevard
Section: 6-4
Violations:  Permits—Application generally

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mr. Ransky 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 exists according to Section(s) 6-4 of the Miami Shores Village Code. The violator shall correct the violation by Jan 31, 2011 and immediately notify the Code Enforcement Officer. If the violator has not corrected the violation by the specified time, theCode 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. Perl seconded the motion. The vote was in favor of the motion 5-1, Mr. Asmus voted no.

 

Case: 10-10-7802
Owner: Miguel Cordero
Address: 174 NW 95 St.
Section: 12-133
Violations:  Unsightly fascia, Soffit, house exterior

 

The officer, Mike Orta, explained the nature of the violation and testified that the violation exists on the property. Mr. Cordero 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 exists according to Section(s) 12-133 of the Miami Shores Village Code. The violator shall correct the violation by January 1, 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: 11-10-7895
Owner: Gilbert Graves
Address: 117 NE 103 St.
Section: 516(e)
Violations:  Non-Permitted Sheds.

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation exists on the property. Mr. Graves 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) 516(e) of the Miami Shores Village Code. The violator shall correct the violation by March 2, 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 11-10-7896

Owner: Gilbert Graves                                   
Address: 117 NE 103 St.
Section: 6-4 (a)
Violations:  Unauthorized construction / expired permit(s)

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation exists on the property. Mr. Graves 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) 6-4(a) of the Miami Shores Village Code. The violator shall correct the violation by January 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Summary Adjudication For 1st Hearings

 

Case #’s: 10-10-7794; 10-10-7800; 10-10-7839; 10-10-7840; 10-10-7841; 11-10-7878; 11-10-7926; 11-10-7927; 11-10-7935; 11-10-7936; 5-10-7162; 5-10-7192; 6-10-7296; 6-10-7313; 8-09-6068; 8-10-7557; 8-10-7599; 8-10-7604; 9-09-6195; 9-10-7627; 9-10-7704; 9-10-7730

 

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. Buenconsejo 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 February 3, 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’sadministrative fee. Mr. Asmus seconded the motion.  The vote was unanimous in favor of the motion 6-0.

 

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. Mr. Shulman was there to present his case. Following discussion by the board Mr. Asmus made a motion to continue to February 3, 2011 meeting. Mr. Swan seconded the motion and the vote was in favor of the motion 4-2. Mr. Buenconsejo and Mr. Perl voted no.

 

Summary Adjudication:

Case #’s 10-10-7816; 10-10-7832; 4-10-7025;7-10-7354; 7-10-7376; 8-10-7542; 8-10-7602; 8-10-7613; 9-10-7617; 9-10-7618; 9-10-7621; 9-10-7684; 9-10-7685; 9-10-7686; 9-10-7711; 9-10-7712; 9-10-7713

 

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. 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. Swan seconded the motion and the 

 

REQUEST FOR RELIEF

Case: 11-07-3160; 2-08-3591; 2-08-3549; 6-10-7302; 6-10-7308
Owner: DLJ Mortgage Capital Inc. (Ricardo Gonzalez)
Address: 57 NE 93 St.

 

Mr. Gonzalez was there to present the case. The board asked several questions and after a discussion, Mr. Gonzalez proposed to pay $2,000.00 within 10 days. Offer denied due to lack of motion

 

Case: 12-09-6601
Owner: Andrew & Crista Stefanick
Address: 122 NE 101 St.

 

Mr & Mrs Stefanick, were there to present the case. The board asked several questions and after a discussion, Mr. Stefanick proposed to pay $1,000.00 within 30 days. Mr. Asmus moved to accept the proposed amount for release of the above referenced property only, and Mr. Patnik seconded the motion. The vote was unanimous in favor of the motion 6-0

 

Case: 7-10-7361
Owner: Lael Manzo
Address: 9720 Biscayne Blvd.

 

Ms. Manzo was there to present the case. The board asked several questions and after a discussion, Ms. Manzo proposed to pay $250.00 within 10 days. Mr. Perl moved to accept the proposed amount for release of the above referenced property only, and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0

 

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

 

Mr. Belizaire, was there to present the case. The board asked several questions and after a discussion, Mr. Belizaire proposed to pay $5,000.00 within 30 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 4-09-5688; 4-09-5687
Owner: Nationstar Mortgage LLc (Craig Rogers)
Address: 581 NW 113 St.

 

Mr. Rogers was there to present the case. The board asked several questions and after a discussion, Mr. Rogers proposed to pay $5,000.00 within 30 days. Mr. Swan moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 11-07-3214
Owner: HSBC Bank USA (Ronald Kaufman)
Address: 10634 NE 10 PL

 

Mr. Kaufman was there to present the case. The board asked several questions and after a discussion, Mr. Kaufman proposed to pay $2,000.00 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 5-1. Mr. Perl voted no.

 

Case: 3-08-3815
Owner: Bennett Electric Co. (Jack Higgins)
Address: 9501 NE 2 Ave.

 

Mr. Higgins was there to present the case. The board asked several questions and after a discussion, Mr. Higgins proposed to pay $1,500.00 within 15 days. Mr. Asmus moved to accept the proposed amount for release of the above referenced property only, and Mr. Perl seconded the motion. The vote was in favor of the motion 4-2. Mr. Patnik and Mr. Swan voted no.

 

MINUTES

Mr. Perl moved to accept November 4th, 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 February 3rd, 2011.

 

ADJOURNMENT

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