LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING MINUTES, February 7, 2008

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 7, 2008, 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: 9-07-2629
Owner: Bernice Almodovar
Address: 182 NW 95 St.
Section: 6-4
Violations: Unauthorized Construction

The officer, Mike Orta 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. Buenconsejo moved for a finding of fact and a conclusion of law that a violation exists according to Section 6-4 of the Miami Shores Village Code. The violator shall correct the violation by March 6, 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 $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. Quiroga seconded the motion. The vote was unanimous in favor of the motion 6-0.

Summary Adjudication For 1st Hearings:

Case #’s: 1007-2898; 10-07-2904; 10-07-2906; 10-07-2932; 10-07-2947; 10-07-2966; 10-07-2978; 10-07-2979; 1-08-3451; 1-08-3468; 11-07-2997; 11-07-3009; 11-07-3053; 11-07-3058; 11-07-3109; 11-07-3129; 11-07-3133; 11-07-3160; 11-07-3164; 11-07-3165; 11-07-3166; 11-07-3200; 11-07-3204; 11-07-3209; 11-07-3214; 12-07-3272; 12-07-3273; 12-07-3295; 12-07-3299; 12-07-3348; 9-07-2571

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 excluding cases 1-08-3352; 1-08-3353; 12-07-3269; 12-07-3345 and 12-07-3347, 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.

Case #’s: 1-08-3352 and 12-07-3345

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 $100.00 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.

Case #’s: 1-08-3353; 12-07-3269; 12-07-3347

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 $100.00 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.

PENALTY HEARINGS

Summary Adjudication:

Case’s #: 10-07-2827; 10-07-2910; 10-07-2931; 10-07-2933; 9-07-2592; 9-07-2593; 9-07-2702

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. 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. Asmus 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 owner’s contractor Mr. Leoni was there to present the case. The board asked several questions and after a discussion, Mr. Leoni proposed to pay $500.00 within 10 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Asmus seconded the motion. The vote was unanimous in favor of the motion 5-1. Mr. Vickers voted no.

Case: 2002-02260
Owner: Yvan Frederic
Address: 9325 NW 2nd Ct.

The property owner Mr. Frederic was there to present his case. The board asked several questions and after further discussion, Mr. Frederic proposed to pay $300.00 within 30 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

Case: 11-06-1406
Owner: Lara Coley
Address: 148 NW 96 St.

The property owner Mrs. Coley was there to present her case. The board asked several questions and after further discussion, Mrs. Coley proposed to pay $600.00 within 5 days. Mr. Asmus moved to deny the proposed offer and Mr. Buenconsejo seconded the motion. The vote was unanimous in favor of the motion 6-0.

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 $3,600.00 within 5 days. Mr. Buenconsejo moved to accept the proposed offer and Mr. Busta seconded the motion. The vote was in favor of the motion 5-1. Mr. Asmus voted no.

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

The property owners Mr. & Mrs. Savitz were there to present they’re case. The board asked several questions and after a discussion, Mr. Savitz proposed to pay $4,000.00 within 10 days. Mr. Buenconsejo moved to accept the offer and Mr. Quiroga seconded the motion. The vote was unanimous in favor of the motion 6-0.

APPROVAL OF MINUTES:

Mr. Buenconsejo moved to accept the Dec. 6th 2007 minutes. Mr. Asmus seconded the motion and the vote was unanimous in favor of the motion 6-0.

NEXT MEETING

The next meeting will be on March. 6, 2008

ADJOURNMENT

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