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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday July 1st 2010

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 1st, 2010, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

 

PRESENT:

 

Robert Vickers, Chairman

Barry Asmus  

Robert Swan

Barry Perl

Rod Buenconsejo

John Patnik

ALSO PRESENT:

 

 

Jorge Martinez Deputy Village Attorney

Mike Orta, Code Enforcement Officer

Anthony Flores, Code Enforcement Officer

Valerie Bierley, Clerk     

ABSENT:   

Manny Quiroga

 

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



FIRST HEARING

Case: 4-10-7011
Owner: Gustavo Rodriguez                                       
Address: 560 NW 113 St.
Section: 536/537
Violations:  Landscaping design and maintenance

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Rodriguez was there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation existed according to Section(s) 536/537 of the Miami Shores Village Code. The violator shall correct the violation by July 15, 2010 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 whether 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Case: 4-10-7013
Owner: Gustavo Rodriguez            
Address: 560 NW 113 St.
Section: 400/401
Violations:  Violation of Schedule of Regulations

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Rodriguez was there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation existed according to Section(s) 400/401 of the Miami Shores Village Code. The violator shall correct the violation by August 1, 2010 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 whether 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 $250.00 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: 4-10-7025
Owner: Gustavo Rodriguez             
Address: 560 NW 113 St.
Section: 400/401
Violations:  Violation of Schedule of Regulations

 

The officer, Anthony Flores, explained the nature of the violation and testified that the violation existed on the property. Pictures were submitted as evidence. The owner, Mr. Rodriguez was there to present the case. Following discussion by the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation existed according to Section(s) 400/401 of the Miami Shores Village Code. The violator shall correct the violation by September 1, 2010 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 whether 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 $250.00 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. Asmus seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

Summary Adjudication For 1st Hearings

 

Case #’s: 3-10-6937; 4-10-7046; 4-10-7073; 5-10-7091; 5-10-7092; 5-10-7102; 5-10-7121; 5-10-7125; 5-10-7144; 5-10-7210; 6-10-7239; 6-10-7240; 6-10-7243; 6-10-7245; 6-10-7246; 6-10-7270; 6-10-7272; 9-09-6240;

 

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. Swan 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 by August 4, 2010 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

Summary Adjudication:

 

Case’s #: 1-10-6658; 2-10-6719; 3-10-6809; 3-10-6858; 3-10-6885; 3-10-6887; 3-10-6889; 3-10-6890; 3-10-6891; 3-10-6892; 3-10-6932; 3-10-6933; 4-08-3964; 4-10-6980; 4-10-7029; 4-10-7031; 4-10-7034; 4-10-7035; 4-10-7075; 5-10-7115; 5-10-7116; 5-10-7129; 5-10-7143; 5-10-7150

 

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. Perl 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 

 

REQUEST FOR RELIEF

Case: 4-09-5570; 4-09-5571
Owner: Dusa Acquisitions LLC.
Address: 103 NW 103 St.

 

Mr. Spellacy, was there to present the case. The board asked several questions and after a discussion, Mr. Spellacy proposed to pay $1,000.00 within 10 days. The offer was denied due to lack of motion.

 

Case: 5-09-5749
Owner: George Davitian
Address: 85 NW 102 St.

 

Mr. Davitian was there to present the case. The board asked several questions and after a discussion, Mr. Davitian proposed to pay $1,500.00 within 30 days. Mr. Buenconsejo moved to accept the proposed amount for release of the above referenced property only, and Mr. Swan seconded the motion. The vote was in favor of the motion 5-1. Chairman Vickers voted no.

 

MINUTES

Mr. Swan moved to accept June 3rd, 2010 minutes and Mr. Perl seconded the motion. The vote was unanimous in favor of the motion 6-0.

 

NEXT MEETING

The next meeting will be on August 5, 2010.

 

ADJOURNMENT

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