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CODE ENFORCEMENT BOARD MEETING MINUTES, December 4, 2008

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 4, 2008, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman, Barry Perl.

ROLL CALL  

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

   

ALSO PRESENT :
Richard Sarafan Village Attorney
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
ABSENT:
Valerie Bierley, Clerk
Robert Vickers, Chairman

 

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

FIRST HEARING

Summary Adjudication For 1st Hearings:

Case #’s: 10-08-4969; 10-08-4974; 10-08-5003; 10-08-5004; 10-08-5022; 10-08-5023; 11-07-393; 4-08-3994; 6-08-4349; 7-08-4575; 9-08-4737; 9-08-4752; 9-08-4805; 9-08-4807; 9-08-4829; 9-08-4893

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. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

Mr. Quiroga made a motion for a summary adjudication of cases 10-08-4946; 10-08-5063; 10-08-5065 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 five days, (Dec 9th 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 reconded the motion. The vote was unanimous in favor of the motion 6-0.

Mr. Quiroga made a motion for a summary adjudication of cases 10-08-5064; 10-08-5066; 10-08-5067 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 ten days, (Dec 14th 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 #: 10-08-4927; 10-08-4934; 8-08-4640; 9-08-4735; 9-08-4747; 9-08-4751; 9-08-4792

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

REQUEST FOR RELIEF

Case: 6-08-4445
Owner: Miami Shores Village Condo Assoc.
Address: 8701-9043 NE 4 Ave. Rd.

Mr. Olarte a Board member for the Association was there to present the case. The board asked several questions and after a discussion, Mr. Olarte proposed to pay $625.00 within 15 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-0.

Case: 2005-05531; 2005-06253
Owner: EMC Mortgage Corp.
Address: 98 NW 103 St.

Mr. Scolaro was there to present the case. The board asked several questions and after a discussion, Mr. Scolaro proposed to pay $10,000.00 within 10 days. Mr. Quiroga moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was unanimous in favor of the motion 4-2, Mr. Asmus and Mr. Perl both voted no.

Case: 10-07-2978; 10-07-1979
Owner: James & Anna Leggett
Address: 30 NE 96 St.

Mr. Leggett was there to present the case. The board asked several questions and after a discussion, Mr. Leggett proposed to pay $2,000.00 within 15 days. Mr. Buenconsejo moved accept to the proposed and Mr. Busta seconded the motion. The vote was in favor of the motion 5-1, Mr. Asmus voted no.

Case: 9-07-2629
Owner: Bernice Almodovar
Address: 182 NW 95 St.

Mrs. Almodovar was there to present the case. The board asked several questions and after a discussion, Mr. Quiroga moved to release the lien with no payment due. Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 2005-06205; 4-07-1891; 12-07-3268
Owner: Avelo Mortgage, LLC
Address: 89 NW 110 St.

Mr. Deleon was there to present the case. The board asked several questions and after a discussion, Mr. Deleon proposed to pay $6,000.00 within 30 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was unanimous in favor of the motion 6-0

DISCUSSION

The Board discussed how to deny a proposal without motioning for denial as requested by Village Council.

NEXT MEETING

The next meeting will be on February 5, 2009

ADJOURNMENT

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