LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES Thursday February 2, 2012

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 2, 2012, at the

Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Manny Quiroga.

Roll Call.

 

Present: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

Also in attendance:

 

Richard Sarafan, Village Attorney
Anthony Flores, Supervisor, Code Enforcement Officer
Mike Orta, Officer, Code Enforcement
Karen Banda, Clerk

                                               

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

 

Mr. Chairman suggests that everyone read article that was in the Village news

regarding code and code violations written by Code Supervisor Anthony Flores.

FIRST HEARING

 

Chairman Quiroga stated that no one has showed for first hearing and reads all addresses with violations.

Office Orta states that case No. 12-11-9249 was continued.

Summary Adjudication for 1st Hearings

 

Case #’s: 10-11-9077;10-11-9078;10-11-9087;10-11-9090;10-11-9091;10-11-9092;10-11-9120;11-11-9134;
11-11-9197;11-11-9203;11-11-9210;1-12-9440;12-11-9244;12-11-9249;12-11-9259;12-11-9263;12-11-9264;
12-11-9268;12-11-9269;12-11-9270;12-11-9271;12-11-9279;12-11-9287;12-11-9287;12-11-9290;12-11-9292;
2-11-8126;4-11-8475;5-11-8597;8-11-8937.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in

each of the files.

 

 Summary Adjudication for 1st Hearings Action: 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 staff in the staff recommendations in this hearing and shall 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 respective daily amount specified

in the staff recommendation for tonight hearing retroactive to the original compliance date which will

constitute a lien on the property of the violator further with respect to each such case cost in the

amounts specified in staff’s recommendation for tonight’s hearing are hereby assessed in order to

recoup the village’s expenses in prosecuting the violations to date. Action: Approve,

Accept, Moved by Barry Perl, Seconded by Barry Asmus.

Motion passed unanimously.

 

Mr. Perl asked if it was possible to condense reading of violation. Mr. Sarafan said it was possible but it

was important for all audience members to know what is happening and in case of appeal it would be

important for judge to hear information.

PENALTY HEARINGS

 

Case: 8-11-8827; 8-11-8829
Owner: Andre Venneman
Address: 102 NW 105 St.
Section: 20-17; 536 (a (b); 537 (a)(3)(4)
Section: 536 (a); 537 (a)(1)(2)(3)
Violation:  Failure to maintain parkway
Violation: Grass Deteriorated

 

Mr. Venneman was there to present his case. Stated his income has changed since a recent divorce and

has been trying to hang on to home and has not had the resources to take care of outside home. Mr.

Asmus asked if had priced out how much it would cost to re-sod and Mr. Venneman said he had not.

It is Mr. Venneman’s understanding that irrigation system would need to be re-done and would need 6

weeks. Mr. Venneman had put sod down on the swale a year and a half ago but sprinkler system was not working.

Motion: Continued to March 1st meeting and fix problem within 28 days., Action: Table, Moved by

Barry Perl, Seconded by Barry Asmus.

Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0).

Yes: Barry Asmus, Robert Swan, Barry Perl, Rod Buenconsejo.

No: John Patnik, Manny Quiroga, Robert Vickers.

Summary Adjudication:

 

Case #’s 10-11-9054;11-11-9178;2-11-8214;;8-11-8877;8-11-8896;8-11-8899;8-11-8917;8-11-8952;
8-11-8953;8-11-8964;9-11-9012.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in

each of the files.

 

Motion: Motion: for a summary adjudication of all such cases currently remaining on the penalty docket for

tonight’s hearing, 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. , Action: Accept, Moved by Rod Buenconsejo, Seconded by Barry Asmus.

Motion passed unanimously.

 REQUEST FOR RELIEF

 

Case-3-07-1852; 6-08-4336; 10-09-6471; 7-10-7430
Owner: Wells Fargo. c/o Avri Ben-Hamo, Esq.
Address: 49 NW 108 St

 

Mr. Adam Barnett was there to present the case, stated property was occupied by renter and they did not have

possession and when bank did have ownership they corrected all issues. Offer they have on table corresponds

to when they received ownership to the day of correction. The board asked several questions and after

discussion, offer to pay $4,500.00 within 90 days. After further discussion Motion: move to accept

$4,500 to resolve those cases payable within 90 days and if not it reverts back on this property only.

Action: Accept, Moved by Robert Swan, Seconded by Barry Perl.

Vote: Motion failed (summary: Yes = 3, No = 4, Abstain = 0).

Yes: Robert Swan, Barry Perl.

No: Barry Asmus, John Patnik, Rod Buenconsejo, Robert Vickers, Manny Quiroga.

 

Case: 12-11-9341; 12-11-9342
Owner: Cynthia Savlan Personal Rep. Estate of Patricia Rey
Address: 1325 NE 105 St.

 

Ms. Weinstein represented the Estate of Patricia Rey. She stated the estate has no money and was let go

because of family situation. Offer of $20,000 will be available if the property sells. The board asked

several questions and after discussion Motion: To accept offer of $20,000 to be paid within 180 days

to resolve case on this property and this property only. Action: Accept, Moved by Robert Swan,

Seconded by Rod Buenconsejo.

Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0).

Yes: Robert Swan, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

No: Barry Asmus, John Patnik, Barry Perl.

 

Case: 4-08-3984
Owner: Mr. Mrs. Spinney
Address: 770 NE 91 St.

 

Mr William J. Brown family attorney for Mr. and Mrs. Spinney was there to represent case. Mr. Brown

stated that the son of Mr. and Mrs. Spinney resides at that address and was unaware of violation

therefore owner was not aware of violation.  The board asked several questions and after discussion

Motion: Accept offer of $1000 payable within 30 days on this property alone. Action: Accept,

Moved by Robert Vickers, Seconded by Robert Swan.

Vote: Motion failed (summary: Yes = 3, No = 4, Abstain = 0).

Yes: Robert Swan, Manny Quiroga, Robert Vickers.

No: Barry Asmus, John Patnik, Barry Perl, Rod Buenconsejo.

 

5 minute intermission

 

Case: 7-09-5986; 8-09-6027; 11-10-7883; 1-11-8106
Owner: Karen Robinson
Address: 1290 NE 100 St.

 

Mr. Kluck, realtor representing Ms. Robinson presented the case and stated that Ms. Robinson was not

aware of problems because a person inhabited the house without permission. The board asked several

questions and after discussion Motion: Accept offer of $8,000 payable within 120 days on this property

only with a new power of attorney. , Action: Accept, Moved by Robert Swan, Seconded by Barry Perl.

Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).

Yes: Barry Asmus, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo, Robert Vickers.

No: John Patnik.

 

Case: 09-09-6269
Owner: Eduardo Garcia
Address: 1181 NE 103 St.

 

Ms. Diana O’Neil was present as a possible owner; she is in the process of buying property. She stated

her case and the board asked several questions and after discussion Motion: To accept $750 payable

within 90 days for this property and this property only and this sale only. Action: Accept, Moved by Robert Swan,

Seconded by Robert Vickers.

Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0).

Yes: John Patnik, Robert Swan, Manny Quiroga, Robert Vickers.

No: Barry Asmus, Barry Perl, Rod Buenconsejo.

 

Case: 7-10-7348
Owner: Marvin Gunn
Address: 9150 N Bayshore Dr.

 

Mr. Gunn was present and stated his case for the second time. The board asked several questions

and after discussion Motion: $1000 within 90 days.  Action: Accept, Moved by Barry Asmus,

Seconded by Robert Swan.

Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).

Yes: Barry Asmus, John Patnik, Robert Swan, Manny Quiroga, Rod Buenconsejo.

No: Barry Perl, Robert Vickers.

 

Case:4-08-4036; 5-08-4222
Owner: Osmel Lopez
Address: 119 NW 110 St.

 

Mr. Lopez was present and stated his case. The board asked several questions and after discussion

Motion: Accept $5,000 payable within 180 days on this property only, Action: Accept, Moved by

Robert Vickers, Seconded by Barry Asmus.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo,

Robert Vickers.

MINUTES

 

Motion: , Action: Accept, Moved by Rod Buenconsejo, Seconded by Barry Perl.

Motion passed unanimously.

 December 2011 minutes were approved unanimously.

NEXT MEETING

 

The next meeting will be on March 1, 2012

 

Board discussed that all motions from now on contain words that say, this property and this property

only. Mr. Sarafan reminded board what was approved by board at an earlier meeting.

Motion: All motions will contain words with this property and this property only. , Action: Accept,

Moved by Manny Quiroga, Seconded by Robert Vickers.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).

Yes: Barry Asmus, John Patnik, Robert Swan, Barry Perl, Manny Quiroga, Rod Buenconsejo,

Robert Vickers.

 

Motion: to ADJOURN , Action: Accept, Moved by Manny Quiroga, Seconded by Robert Vickers

 

Motion passed unanimously.

 

ADJOURNMENT

 

February 2, 2012 Code Board meeting was adjourned.