LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, December 6, 2007

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 6, 2007, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers.

ROLL CALL  

PRESENTS: :
Robert Vickers, Chairman
Barry Asmus
John Patnik
Rod Buenconsejo
Manny Quiroga
John Busta

   

ALSO PRESENT :
Richard Sarafan, Village Attorney (arrived 6:15)
Mike Orta, Code Enforcement Officer
Anthony Flores, Code Enforcement Officer
Valerie Bierley, Clerk
ABSENT:
Barry Perl

 

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

FIRST HEARING

Case: 9-07-2710
Owner: David Carlisle
Address: 1311 NE 105 St.
Section: 12-133; 12-82
Violations: Unsightly fascia, Soffit, house exterior; Nondwelling Structures & Fences

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. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 12-133; 12-82 of the Miami Shores Village Code. The violator shall correct the violation by Feb. 7, 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 weather 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 9-07-2711
Owner: David Carlisle
Address: 1311 NE 105 St.
Section: 521.2; 520(h)(i)
Violations: Parking pavement markings; wheelstops; curbing; deteriorated parking area.

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. Quiroga moved for a finding of fact and a conclusion of law that a violation exists according to Section 521.2 520(h)(i) the Miami Shores Village Code. The violator shall correct the violation by Jan. 30, 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 weather 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 10-07-2910
Owner: Ovidio Sanabria
Address: 1050 NE 107 St.
Section: 13-1; 521(b)1(d)
Violations: Storage of inoperable motor vehicles; Unpaved parking area

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 not 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 13-1; 521(b)1(d) of the Miami Shores Village Code. The violator shall correct the violation by Dec. 11, 2007 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 weather 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 9-07-2683
Owner: Robert Aspinall
Address: 185 NE 107 St.
Section: 13-1
Violations: Storage of inoperable motor vehicles

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 not 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 13-1 of the Miami Shores Village Code. The violator shall correct the violation by Dec. 11, 2007 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 weather 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. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Summary Adjudication For 1st Hearings:

Case #’s: 10-07-2827; 10-07-2919; 10-07-2931; 10-07-2933; 10-07-2945; 4-07-1967; 6-07-2301; 6-07-2302; 9-07-2592; 9-07-2593; 9-07-2696; 9-07-2702; 9-07-2809

Mr. 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 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.

PENALTY HEARINGS

Case: 5-07-2173
Owner: Richard Cava/ Todd Leoni
Address: 174 NE 96 St.

The officer, Mike Orta, testified that violations still existed on the property. Pictures were submitted to the Board as evidence of the violation. Ray Perez was there to present the case. The Board questioned Mr. Perez and Mr. Orta and after a discussion, Mr. Asmus made a motion to continue the case until Feb. 7th 2008. Mr. Busta seconded the motion and the vote was in favor of the motion 5-1. Mr. Quiroga voted no.

Summary Adjudication:

Case’s #: 4-07-1907; 4-07-1973; 4-07-1974; 4-07-1975; 4-07-1980; 5-07-2043; 7-07-2489; 9-07-2606; 9-07-2651; 9-07-2689; 9-07-2691; 9-07-2699; 9-07-2701; 9-07-2712; 9-07-2730

Mr. 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. Busta 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: 5-07-2033
Owner: Charles & Marryl Zegar
Address: 29 NE 91 St..

The property owners Mr & Mrs. Zegar were there to present the case. The board asked several questions and after a discussion, Mr. Zegar proposed to pay $30.00 within 10 days. Mr. Busta moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was in favor of the motion 5-1. Mr. Patnik voted no.

Case: 2005-05497
Owner: Frantz Duval
Address: 345 NW 111 Terr.

The property owner Mr. Duval was there to present his case. The board asked several questioned and after further discussion, Mr. Duval proposed to pay $200.00 within 5 days. Mr. Buenconsejo moved to accept the offer and the motion died due to lack of second.

Case: 8-06-1018
Owner: James Baldo
Address: 49 NE 110 St.

The property owner Mr. Baldo was there to present his case. The board asked several questions and after a discussion, Mr. Baldo proposed to pay $1,500.00 within 5 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was not in favor of the motion 5-1. Mr. Busta voted yes.

Case: 2005-05438
Owner: Chris & Monica Savitz
Address: 1360 NE 103 St.

The property owner Mr. Savitz was there to present his case. The board asked several questions and after a discussion, Mr. Savitz proposed to pay $2,000.00 within 10 days. The offer was denied due to lack of motion.

Case: 2000-01454
Owner: Linton Dawkins
Address: 154 NW 97 St.

The property owner Mr. Dawkins was there to present his case. The board asked several questions and after a discussion, Mr. Dawkins proposed to pay $30.00 within 30 days. Mr. Quiroga moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was not in favor of the motion 3-3. Mr. Asmus, Mr. Patnik and Mr. Vickers voted no.

Case: 2003-04265
Owner: Francine Steelman
Address: 25 NE 110 St.

The property owner Mrs. Steelman was there to present the case. The board asked several questions and after a discussion, Mrs. Steelman proposed to pay $588.00 within 30 days. Mr. Quiroga moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimously in favor of the motion 6-0.

Case: 7298; 8282; 2002-03348; 2005-06631
Owner: Gadere Dorestant
Address: 78 NW 107 St.

The property owner Mr. Dorestant was there to request a refund. The board asked several questions and after a discussion, Mr. Buenconsejo motioned to recommend to the Village Manager a refund of $50,000.00 with the condition to use the money for home improvement and show proof of where the money goes. Mr. Busta seconded the motion and the vote was in favor of the motion. Mr. Asmus and Mr. Patnik both voted no.

APPROVAL OF MINUTES:

Mr. Quiroga moved to accept the Nov. 1st 2007 minutes. Mr. Busta seconded the motion and the vote was unanimous in favor of the motion 6-0.

NEXT MEETING

The next meeting will be on Feb. 7, 2008

ADJOURNMENT

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