LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, February 5, 2009

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 5th, 2009, 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
John Busta
Barry Perl
Manny Quiroga

   

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

 

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

FIRST HEARING

Case: 1-09-5265
Owner: Suzanne Jacobs (Brian Giller)
Address: 1284 NE 94 St.
Section: 520(a)
Violations: Commercial Vehicles

The officer, Anthony Flores explained the violation did exist, although not currently open on the property pictures were submitted as evidence. Mr. Flores is requesting this case be identified that a violation did in fact exist and should it occur again in the future it will become a repeat order. The owner was there to present the case, Ms. Jacobs and Mr. Giller did not agree that it was a violation. After a discussion from the board, Mr. Perl moved with respect for case #1-09-5265 that a violation of code section 520(a) did exist and has been cured by this date Mr. Asmus seconded the motion. The vote was in favor of the motion 6-1, Mr. Busta voted no.

Summary Adjudication For 1st Hearings:

Case #’s: 11-07-3111; 11-07-3112; 11-07-3113; 11-08-5127; 12-08-5140; 12-08-5141; 12-08-5166; 12-08-5175; 12-08-5199; 12-08-5223; 9-08-4769; 9-08-4806; 9-08-4808

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 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 7-0.

Mr. Quiroga made a motion for a summary adjudication of cases 1-09-5245; 10-08-5005; 1-09-5246; 12-08-5142 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, (Jan 27th 2009) 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 7-0.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-08-4969; 10-08-5022; 10-08-5023; 10-08-5064; 10-08-5066; 10-08-5067; 11-07-3193; 11-07-3202; 4-08-3994; 4-08-4108; 9-08-4893

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. 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. Buenconsejo seconded the motion and the vote was unanimous in favor of the motion 7-0.

REQUEST FOR RELIEF

Case: 4-08-3999
Owner: US Bank TRS
Address: 9801 N. Miami Ave.

Mr. Cusmano the listing agent for this property was there to present the case. The board asked several questions and after a discussion, Mr. Cusmano proposed to pay $3,555.00 within 30 days. Mr. Perl moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was in favor of the motion 6-1, Mr. Asmus voted no.

Case: 1-08-3474
Owner: Jacques & Christina Nijankin
Address: 1275 NW 103 St.

Mr. Nijankin was there to present the case. The board asked several questions and after a discussion, Mr. Nijankin proposed to pay $1,500.00 within 10 days. Mr. Quiroga moved to accept the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.

Case: 8-08-4644
Owner: George Ketelhohn
Address: 185 NW 107 St.

Mr. Ketelhohn was there to present the case. The board asked several questions and after a discussion, Mr. Ketelhohn proposed to pay $245.00 within 10 days. Mr. Buenconsejo moved accept to the proposed and Mr. Perl seconded the motion. The vote was in favor of the motion 5-2, Mr. Asmus and Mr. Quiroga both voted no.

Case: 2-08-3581
Owner: Fulgo Constance
Address: 163 NW 101 St.

Mrs. Constance’s guardian John was there to present the case. The board asked several questions and after a discussion, Mr. Buenconsejo moved to accept the proposed offer and Mr. Quiroga seconded the motion. The vote was not in favor of the motion 1-6. Mr. Asmus, Mr. Patnik, Mr. Busta, Mr. Perl, Mr. Quiroga and Chairman Vickers all voted no. MINUTES

Mr. Quiroga moved to accept October 2nd 2008 minutes and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 7-0.

NEXT MEETING

The next meeting will be on March 5, 2009

ADJOURNMENT

Mr. Buenconsejo made a motion for adjournment Mr. Quiroga seconded it and the motion passed unanimously 7-0.